REPORT ON THE EXCHANGE AND SUMMARY
|
|
- Mitchell Brown
- 6 years ago
- Views:
Transcription
1 REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN within one month after the exchange. 2. Please use the template below to write your report (recommended length: 4 pages). 3. Please write in English or French. Should this not be possible, the report can be written in another language but the summary must be in English or French. 4. Please read the guidelines for drafting the report (in Annex). Feel free to add any other relevant information in your report. 5. The summary shall contain a synthesis of the most important information of the report. 6. Please note that NO NAMES, neither yours nor the ones of the persons you met during your exchange, should appear in the report in order to ensure anonymity 1. Initials can be used when necessary. Identification of the participant Name: First name: Nationality: Austria Country of exchange: France Publication For dissemination purposes and as information for future participants in the Programme please take note that, unless you indicate otherwise, EJTN may publish your report in its website. In this case the report will remain anonymous and your name and surname will not appear. To this aim, please do not mention any names in the reports. Initials can be used instead. Please tick this box if you do not wish for your report to be published For completion by EJTN staff only Publication reference: 1 To that purpose, the first page of this report will be taken out before any possible publication Réseau Européen de Formation Judiciaire/ (aisbl) Rue du Luxembourg 16B, B-1000 Bruxelles; Tel: ; Fax: ; exchanges@ejtn.eu
2 For completion by EJTN staff only Publication reference: Identification of the participant Nationality: Austria Functions: future judge Length of service: 3 years Identification of the exchange Hosting jurisdiction/institution: Tribunal de grande instance de Metz City: Metz Country: France Dates of the exchange: 30/09/ /10/2012 Type of exchange: one to one exchange group exchange general exchange specialized exchange (please specify : ) I - Programme of the exchange REPORT My exchange took place from 30th of September 2012 till the 14th of October 2012 at the Tribunal the Grande Instance de Metz, France. In order to understand all different aspects of the local system and to comply with the universal approach of my current training programme in Austria I requested a rotational programme through all different fields of law / departments. Fortunately, the tutor of the hosting institution agreed and developed a placement programme which allowed me to experience two different fields of law / departments each day. Due to the flexible programme I was able to attended hearings in civil law (with both, collective and single judges), family law, criminal law, commercial law, hearings at the juvenile court (civil and criminal law) and support the local prosecutors. Furthermore, I had the opportunity to spend one afternoon each with the examining and the enforcement of sentences magistrate.
3 During the two weeks in Metz, I had the possibility to attend the above mentioned hearings, take part at deliberations, access local files and read judgements. All of this allowed me to gain insight into the French legal system. For details please see the enclosed programme. The flexible and diverse placement programme not only gave me access to local resources, but also allowed me to meet the magistrates in charge of the various departements. Already on the first day of my exchange programme I had the honour to meet the President of the Cour d'appel de Metz and the President of the Tribunal de Grand Instance de Metz. II - The Hosting Institution The Tribunal de Grande Instance de Metz is a regional court of first instance, which deals with civil and criminal law. It is situated in the Palais de Justice, as well as the Cour d'appel (court of appeal). Metz is also home to the Tribunal d'instance (district court), which deals with minor cases. The highest court in France is the Cour de cassation (supreme court) in Paris. The Tribunal de Grande Instance de Metz hosts also the prosecution and the Tribunal pour Enfants (juvenile court). The majority of cases are dealt by a collective of three judges (either three professional judges; two professional judges and one lay judge; or one professional judge and two lay judges), however some cases are dealt by a single judge. The Tribunal de Grande Instance de Metz is lead by the president, who is supported by first-vicepresidents and vice presidents. Beside the judges, court clerks (greffiers) play an important role in the day-to-day operations of the court. Court clerks must be present at each hearing. III - The Law of the Host Country / IV - The Comparative Law Aspect of the Exchange The French substantive law is similar to the Austrian substantive law in many aspects. However, the procedural law is different in some aspects. In my opinion, the biggest difference in the procedural law (in the criminal law and the civil law) between France and Austria is the principle of immediacy. France: In criminal hearings the presiding judge brings forward recorded testimonies from witnesses, which were recorded by the police investigators beforehand. After the records were acknowledged the presiding judge interrogates the accused, who can defend her-/himself and bring forward her/his view of the matter. Furthermore, the prosecutor and the defence counsel are allowed to interrogate the accused. But the witnesses are not heard in front of the court and nobody; not the presiding judge, the prosecutor nor (what is really important in my view) the accused/defence counsel are allowed to interrogate the witnesses. This method does not allow any further discussions of the witnesses testimonies, hence any discrepancies cannot be clarified and the judges, prosecutors and accused/defence counsel are dependent on the work of the investigating police. This lays a great burden on the investigating police due to the possiblity of new
4 or different evidence or unexpected changes which could occur during the trial or after the testimony was given. Austria: In criminal hearings in Austria the accused, all witnesses and victims and sometimes even authorised experts, are heard and interrogated by the presiding judge in detail to all accusations. This allows the presiding judge to clarify any potential discrepancies between the recorded testimonies of the accused and the witnesses. After the presiding judge the prosecutor and the accused/defence counsel are allowed to interrogate the witnesses and can question the witnesses testimonies. As seen in precedent cases, the accused or the witnesses sometimes change their testimony during further interrogation in front of the court. These further interrogations may lead to different testimonies of witnesses, confessions, new evidence etc. Another difference concerning the principle of immediacy exists in the civil procedural law. Civil matters in France are dealt within written proceedings where the barrister has the possibility to plead at the end. Emphasis is put on documentary evidence as, similar as in criminal hearings, no parties and no witnesses are heard directly in front of the court. The Austrian civil procedural law states that all the parties, witnesses and authorised experts have to be heard in front of the court. Therefore, the presiding judge and the parties/barristers are able to interrogate the other party or the witnesses. Timing and daily management of the cases are different in France. All parties/accused/counsels are cited in front of the court at the beginning of the official hearing, regardless of the order during the hearing i.e. the case might be dealt at the end of the hearing. Furthermore, the deliberation is held at the very end of the hearing, which implies that all involved parties have to wait for their judgments until all cases are dealt and the judges, after deliberation, reached a conclusion (if issued the same day). This procedure is applied for all cases and does not distinguish between simple or complexe cases. As a result even simple cases may be dealt at the end of the hearing. This means that all involved parties from one hearing have to spend the whole morning/afternoon at the court. In Austria on the other hand one case is dealt with after another and the parties/accused/counsels are cited in front of the court at a predefined time. This method allows better and more structured planning for involved parties, however it also limits flexibility for the judge. As a matter of fact the exact timing of a case is hard to plan, because of unforeseen changes or unpunctuality of involved parties. Therefore this creates some unforeseen break time for the judges. In France however, the judge could just suspend a case and deal with another one first what practically eliminates waiting time for the judges and better utilise the facilities. I find it quite remarkable that at the Tribunal pour Enfants one judge deals with criminal law as well as parental custody/legal guardianship aspects and therefore covers the whole spectrum for children and teenagers up to the age of 18. Noticeable was also a difference in penalties which are slightly stronger than in Austria and people can be placed under police custody slightly easier than in Austria. V - The European Aspect of the Exchange
5 Unfortunately, during my exchange I did not have personal and direct experiences with the European community law or judicial cooperation within the European Union. All cases I have seen / was involved have dealt with French national law. However, the European community law is implemented in the French national law and respected by the judges. Furthermore, the French authorities make requests for judicial assistance to other Member States of the European Union. VI - The Benefits of the Exchange I absolutely enjoyed and greatly appreciated the exchange programme at the Tribunal de Grand Instance de Metz and I strongly believe that I learned a lot about the French judicial system. As the recent past has shown that the Community law is gaining importance and the judicial cooperation between the Member States of the European Union is increasing, it is, in my opinion, absolutely crucial in today s interlinked world to understand the functioning of other EU-Member States judicial systems in order to create a more united European Union and facilitate further cooperation / harmonisation. Gaining insights into other judicial systems, exchanging experiences and opinions also promotes critical questioning of current systems and helps to develop more efficient best practice models. Furthermore, I would like to highlight that it was very valuable to talk and discuss with my French colleagues the different training and development programmes for judges and future judges. As mentioned above I was able to gain experience in most fields of law and departments of the Tribunal the Grand Instance de Metz. This allowed me to gain a good understanding of the French procedural and substantive law, which will most likely be useful for my day to day work as a judge in Austria. Last but not least, the exchange programme broadened my mind and further developed my international experiences and interpersonal skills. VII - Suggestions There is not much to say it was a great experience. Given the valuable insights I gained during this period I can only recommend it and would suggest to better promote the programme in Austria. Every judge and prosecutor as well as future judges and prosecutors in Austria would benefit from the exchange programme and it would be desirable that more judges and prosecutors in Austria would take advantage of the exchange programme and gain valuable insights in the judicial systems of other EU Member States.
6 SUMMARY My exchange took place from 30th of September 2012 till the 14th of October 2012 at the Tribunal the Grande Instance de Metz, France. The Tribunal de Grande Instance de Metz is a regional court of first instance, which deals with civil and criminal law. It is situated in the Palais de Justice, as well as the Cour d'appel (court of appeal). Metz is also home to the Tribunal d'instance (district court), which deals with minor cases. The highest court in France is the Cour de cassation (supreme court) in Paris. The Tribunal de Grande Instance de Metz hosts also the prosecution and the Tribunal pour Enfants (juvenile court). In order to understand all different aspects of the local system and to comply with the universal approach of my current training programme in Austria I requested a rotational programme through all different fields of law / departments. Fortunately, the tutor of the hosting institution agreed and developed a placement programme which allowed me to experience two different fields of law / departments each day. Due to the flexible programme I was able to attended hearings in civil law (with both, collective and single judges), family law, criminal law, commercial law, hearings at the juvenile court (civil and criminal law) and support the local prosecutors. Furthermore, I had the opportunity to spend one afternoon each with the examining and the enforcement of sentences magistrate. The majority of cases are dealt by a collective of three judges (either three professional judges; two professional judges and one lay judge; or one professional judge and two lay judges), however some cases are dealt by a single judge. I absolutely enjoyed and greatly appreciated the exchange programme at the Tribunal de Grand Instance de Metz and I strongly believe that I learned a lot about the French judicial system. Furthermore, I would like to highlight that it was very valuable to talk and discuss with my French colleagues the different training and development programmes in regards to qualifying for a judge. As mentioned above I was able to gain experience in most fields of law and departments of the Tribunal the Grand Instance de Metz. This allowed me to gain a good understanding of the French procedural and substantive law, which will most certainly be useful for my day to day work as a judge in Austria. Last but not least, the exchange programme broadened my mind and further developed my international experiences and interpersonal skills and I can only recommend it strongly to every judge and prosecutor as it is a very valuable instrument to further develop Community wide collaboration in judicial matters.
7 ANNEX GUIDELINES FOR DRAFTING THE REPORT I- Programme of the exchange Institutions you have visited, hearings, seminars/conferences you have attended, judges/prosecutors and other judicial staff you have met The aim here is not to detail each of the activities but to give an overview of the contents of the exchange. If you have received a programme from the hosting institution, please provide a copy. II- The hosting institution Brief description of the hosting institution, its role within the court organisation of the host country, how it is functioning III- The law of the host country With regard to the activities you took part in during the exchange, please develop one aspect of the host country s national law that you were particularly interested in. IV- The comparative law aspect in your exchange What main similarities and differences could you observe between your own country and your host country in terms of organisation and judicial practice, substantial law..? Please develop. V- The European aspect of your exchange Did you have the opportunity to observe the implementation or references to Community instruments, the European Convention of Human Rights, judicial cooperation instruments? Please develop. VI- The benefits of the exchange What were the benefits of your exchange? How can these benefits be useful in your judicial practice? Do you think your colleagues could benefit of the knowledge you acquired during your exchange? How? VII- Suggestions In your opinion, what aspects of the Exchange Programme could be improved? How?
REPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
Ejtn European Judicial Training Network [logo of the EU] With the support of the European Union REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu)
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (recommended
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchanges@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationBELGIUM. Enforcing a court decision in Belgium in accordance with Brussels I Regulation
BELGIUM Enforcing a court decision in Belgium in accordance with Brussels I Regulation Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments
More informationLUXEMBOURG. Enforcing a court decision in Luxembourg in accordance with Brussels I Regulation
LUXEMBOURG Enforcing a court decision in Luxembourg in accordance with Brussels I Regulation Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of
More informationCRIMINAL PROCEEDING AND DEFENCE RIGHTS IN LUXEMBOURG
CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN LUXEMBOURG Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice.
More informationSTANDARD REPORT (TRAINERS)
ANNEXE 7 European Judicial Training Network Exchange Programme for Judicial Authorities STANDARD REPORT (TRAINERS) Please download this document from the EJTN website (www.ejtn.eu) and return it duly completed
More informationQUESTIONNAIRE SEMINAR SEPTEMBER 23 th, 2014
ASSOCIATION INTERNATIONALE DES HAUTES JURIDICTIONS ADMINISTRATIVES INTERNATIONAL ASSOCIATION OF SUPREME ADMINISTRATIVE JURISDICTIONS QUESTIONNAIRE SEMINAR SEPTEMBER 23 th, 2014 HOW TO REDUCE THE JUDGMENT
More informationCYBERCRIME & INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS: EAW & MLA SIMULATIONS [CR/2017/01] EJTN CRIMINAL JUSTICE SEMINAR
Wednesday, 22 Friday, 24 February 2017 École Nationale de la Magistrature (ENM) / French National School for the Judiciary 3 ter quai aux fleurs 75004 Paris, France EJTN CRIMINAL JUSTICE SEMINAR CYBERCRIME
More informationExchange Programme for Judicial Authorities (2019)
Background: European Judicial Training Network Réseau Européen de Formation Judiciaire Exchange Programme for Judicial Authorities (2019) SPECIALISED EXCHANGES CALL FOR APPLICATIONS In 2015, the European
More informationPRACTICE DIRECTION ON LENGTH AND TIMING OF CLOSING BRIEFS AND CLOSING ARGUMENTS
UNITED NATIONS NATIONS UNIES International Criminal Tribunal for Rwanda Tribunal Pénal International pour le Rwanda Arusha International Conference Centre P O Box 6016, Arusha, Tanzania B P 6016, Arusha,
More informationEUI Working Group on International Criminal Law Meeting of on Issues of Sentencing in International Criminal Law
EUROPEAN UNIVERSITY INSTITUTE DEPARTMENT OF LAW EUI Working Group on International Criminal Law Meeting of 19.01.2005 on Issues of Sentencing in International Criminal Law Presentation by Silvia D Ascoli
More informationRecitals. Common Safety Method for assessing conformity with the requirements for obtaining railway single safety certificates.
Recitals (1) This Regulation provides the practical arrangements for issuing single safety certificates as referred to in Article 10(10) of Directive (EU) 2016/798, supplementing Commission Delegated Regulation
More informationLegal Studies. Total marks 100. Section I Pages marks Attempt Questions 1 20 Allow about 30 minutes for this section. Section II Pages 9 21
2016 HIGHER SCHOOL CERTIFICATE EXAMINATION Legal Studies Total marks 100 Section I Pages 2 6 20 marks Attempt Questions 1 20 Allow about 30 minutes for this section Section II Pages 9 21 General Instructions
More informationInternational Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda TRIAL CHAMBER I
International Criminal Tribunal for Rwanda Tribunal pénal international pour le Rwanda UNITED NATIONS NATIONS UNIES OR: ENG TRIAL CHAMBER I Before: Judge Erik Møse Decision of: 13 July 2001 THE PROSECUTOR
More informationARTICLE 95 INSPECTION
ARTICLE 95 INSPECTION Report of the Schengen Joint Supervisory Authority on an inspection of the use of Article 95 alerts in the Schengen Information System Report nr. 12-04 Brussels, 19 March 2013 Contents
More informationDignity at Trial. Key Findings of the Czech National Report
Dignity at Trial Enhancing Procedural Rights of Persons with Intellectual and/or Psychosocial Disabilities in Criminal Proceedings Key Findings of the Czech National Report Czech Republic League of Human
More informationCriminal Procedure in the Czech Republic Common Rules and Institutions of Criminal Procedure
Czech Criminal Justice System Jaroslav Fenyk Criminal Procedure in the Czech Republic Common Rules and Institutions of Criminal Procedure Fundamental Principles of the Czech Criminal Procedure Legality
More information8. Disciplinary Tribunal hearings
8. Disciplinary Tribunal hearings Nature of Disciplinary Tribunals 8.1 Disciplinary Tribunals of the Council of the Inns of Court are domestic non-statutory tribunals. As such, the proceedings are relatively
More informationLEGISLATIONS IMPLEMENTING THE ICTY STATUTE ITALY
LEGISLATIONS IMPLEMENTING THE ICTY STATUTE Member States Cooperation ITALY Provisions on Co-operation with the International Tribunal for the Prosecution of Serious Violations of International Humanitarian
More informationWith financial support from the Justice Programme of the European Union
EJTN LINGUISTICS SEMINAR LANGUAGE TRAINING ON THE VOCABULARY OF JUDICIAL COOPERATION IN CRIMINAL MATTERS 12-16 MARCH 2018 Ecole Nationale de la Magistrature, Bordeaux, France With financial support from
More informationReport of the Joint Inspection Unit on the review of. management and administration in the Registry of the International Court of Justice
United Nations General Assembly Distr.: General 14 March 2001 Original: English A/55/834/Add.1 Fifty-fifth session Agenda items 116 and 117 Review of the efficiency of the administrative and financial
More informationInvestigation of cases sent by magistrates to Crown Court for sentence
Investigation of cases sent by magistrates to Crown Court for sentence Research by Anita Bickerdike Managing Director Positive Intention Ltd Edited by Jo Easton Head of Policy and Research Magistrates
More informationThis chapter is from Attachment of Assets. JurisNet, LLC France. Paul de Drée
This chapter is from Attachment of Assets. JurisNet, LLC 2017 www.arbitrationlaw.com France by Paul de Drée Avocat de DRÉE Avocat 19 rue du Vexin 95810 Grisy-les-Plâtres France Telephone: +33 (0) 1 34
More informationEU update (including the Green Paper on the Presumption of Innocence) ECBA Conference, Edinburgh April 2006
EUROPEAN COMMISSION DIRECTORATE GENERAL JUSTICE, FREEDOM AND SECURITY Directorate D Internal security and criminal justice Unit D/3 Criminal justice Brussels, 21 April 2006 EU update (including the Green
More informationCAHIERS DU CONSEIL CONSTITUTIONNEL. Institutional Act pertaining to the Application of Article 61-1 of the Constitution.
Decision n 2009-595 DC - December 3 rd 2009 CAHIERS DU CONSEIL CONSTITUTIONNEL Institutional Act pertaining to the Application of Article 61-1 of the Constitution. After two unsuccessful attempts to revise
More informationCriminal Law Implications after Road Death or Injury.
INFORMATION HANDBOOK No 1 Criminal Law Implications after Road Death or Injury. CADD contact numbers: Help Line: 0845 1235542 (Local Rate) Office Phone & Fax: 0845 1235541 / 43 Address: CADD, PO Box 62,
More informationThe right to interpretation and translation and the right to information in criminal proceedings in the EU
Submission Template The right to interpretation and translation and the right to information in criminal proceedings in the EU May 2015 Country: FRANCE FRANET contractor: Institut Français des Droits et
More informationTHE UNHCR NGO RESETTLEMENT DEPLOYMENT SCHEME. Overview and Follow-up
ANNUAL TRIPARTITE CONSULTATIONS ON RESETTLEMENT Geneva, 20-21 June 2001 THE UNHCR NGO RESETTLEMENT DEPLOYMENT SCHEME Overview and Follow-up Background 1. The UNHCR - NGO deployment scheme for refugee resettlement
More informationINTERNATIONAL CRIMINAL COURT
ISRMUN 2015 INTERNATIONAL CRIMINAL COURT I. General Description The International Criminal Court (ICC) is a permanent, international tribunal to prosecute individuals for genocide, crimes against humanity,
More information8. Disciplinary Tribunal hearings
8. Nature of Disciplinary Tribunals 8.1. Disciplinary Tribunals of the Council of the Inns of Court are domestic non-statutory tribunals. As such, the proceedings are relatively informal. The strict rules
More informationHave you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.
VICTIMS RIGHTS Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. As a victim or designated family member of
More informationCriminal Law: Implications after road death or injury
InformatIon Handbook 1 Criminal Law: Implications after road death or injury Produced in partnership with www.emsleys.co.uk Criminal Law: Implications after road death or injury CONTENTS: Introduction..............................................................3
More informationEDUCATION APPLICATION FORM Please complete in BLOCK CAPITALS
EDUCATION APPLICATION FORM Please complete in BLOCK CAPITALS PERSONAL DETAILS Mr/Mrs/Miss/Ms Surname First name Date of birth Male Female Address Postcode Home Tel No. Email address Country Mobile No.
More informationGuidelines and Recommendations
Guidelines and Recommendations Guidelines and Recommendations regarding written agreements between members of CCP colleges ESMA CS 60747 103 rue de Grenelle 75345 Paris Cedex 07 France Tel. +33 (0) 1 58
More informationADVICE AND GUIDELINES
ADVICE AND GUIDELINES If you have been sexually assaulted, suffered a violent attack or another form of dangerous crime, this leaflet is intended for you The Prosecution Service Contents This leaflet explains
More informationEXTRADITION A GUIDE TO IRISH PROCEDURES
EXTRADITION A GUIDE TO IRISH PROCEDURES Department of Justice and August 2015 Equality EXTRADITION A Guide to Procedures In Ireland Under Part II of the Extradition Acts Paragraph INDEX Page 1. Introduction
More informationEnglish summary of Brå report 2014:20. Offences committed by children. An evaluation of amendments to the Young Offenders (Special Provisions) Act
English summary of Brå report 2014:20 Offences committed by children An evaluation of amendments to the Young Offenders (Special Provisions) Act Offences committed by children English summary of Brå report
More informationEJTN LINGUISTICS SEMINAR LANGUAGE TRAINING ON THE VOCABULARY OF HUMAN RIGHTS EU LAW
EJTN LINGUISTICS SEMINAR LANGUAGE TRAINING ON THE VOCABULARY OF HUMAN RIGHTS EU LAW 2-6 JULY 2018 Centre for Judicial Studies, Lisbon, Portugal With financial support from the Justice Programme of the
More informationADMINISTRATIVE TRIBUNAL. Judgment of the Administrative Tribunal. handed down on 7 March JUDGMENT IN CASE No. 61. Mr. W. v/ Secretary-General
Greffe du tribunal Administratif Registry of the Administrative tribunal ADMINISTRATIVE TRIBUNAL Judgment of the Administrative Tribunal handed down on 7 March 2006 JUDGMENT IN CASE No. 61 Mr. W. v/ Secretary-General
More informationDr. Kuras ERA Remedies and Sanctions in discrimination cases
Dr. Kuras ERA 2018 Remedies and Sanctions in discrimination cases All cited decisions of the Supreme Court can be retrieved at https://www.ris.bka.gv.at/jus 1 Overview I Fundamental rights Sanctions Ineffectiveness»
More informationNEW GENERIC TOP-LEVEL DOMAIN NAMES ( gtld ) DISPUTE RESOLUTION PROCEDURE OBJECTION FORM TO BE COMPLETED BY THE OBJECTOR
International Centre for Expertise Centre international d'expertise NEW GENERIC TOP-LEVEL DOMAIN NAMES ( gtld ) DISPUTE RESOLUTION PROCEDURE OBJECTION FORM TO BE COMPLETED BY THE OBJECTOR Objections to
More informationEJTN CRIMINAL JUSTICE SEMINAR
16-17 APRIL 2018 National Courts of Administration L. Sapiegos g. 15, LT 10312 Vilnius Lithuania EJTN CRIMINAL JUSTICE SEMINAR PROCEDURAL SAFEGUARDS IN CRIMINAL PROCEEDINGS IN THE EUROPEAN UNION IN PRACTICE
More informationOfficial Journal C 257. of the European Union. Information and Notices. Resolutions, recommendations and opinions. Volume 61.
Official Journal of the European Union C 257 English edition Information and Notices Volume 61 20 July 2018 Contents I Resolutions, recommendations and opinions RECOMMENDATIONS Court of Justice of the
More informationREF.: EASO/2018/SNE/005
Call for an expression of interest in the recruitment of a Seconded National Expert (SNE) in the European Asylum Support Office (EASO) REF.: EASO/2018/SNE/005 Publication: Title of function: Duration:
More informationGeneral Secretariat delegations Report on Eurojust's casework in the field on the European Arrest Warrant
026945/EU XXV. GP Eingelangt am 26/05/14 COUNCIL OF THE EUROPEAN UNION Brussels, 26 May 2014 10269/14 EUROJUST 103 COP 160 COVER NOTE From : To : Subject : General Secretariat delegations Report on Eurojust's
More informationIf you have been a witness or a victim of a criminal offence, you may be. requested to give evidence.
220114/07 Getuige ENG 22-08-2002 09:03 Pagina 1 If you have been a witness or a victim of a criminal offence, you may be requested to give evidence. Criminal offences are brought before the court by the
More informationConference of the Parties to the United Nations Convention against Transnational Organized Crime
United Nations CTOC/COP/2008/18 Conference of the Parties to the United Nations Convention against Transnational Organized Crime Distr.: General 18 February 2009 Original: English Fourth session Vienna,
More informationMUTUAL LEGAL ASSISTANCE GUIDELINES
1. Introduction MUTUAL LEGAL ASSISTANCE GUIDELINES These guidelines are designed to give a broad overview of the essential provisions of the principal pieces of legislation routinely employed by Her Majesty
More informationInner Temple Call to the Bar Application Cover Sheet
Inner Temple Call to the Bar Application Cover Sheet Name: Membership Number: I confirm that my application for Call to the Bar is complete and contains: Up-to-date telephone, email and postal address
More informationSEMINAR FOR JUDGES, PROSECUTORS AND LEGAL PRACTITIONERS INCLUDING A WORKSHOP WITH A FOCUS ON CRIMINAL JUSTICE IN THE EU
era.int/charter Academy of European Law THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION IN PRACTICE SEMINAR FOR JUDGES, PROSECUTORS AND LEGAL PRACTITIONERS INCLUDING A WORKSHOP WITH A FOCUS ON
More informationA Guide for Teachers & Students Visiting the Court
A Guide for Teachers & Students Visiting the Court 1 Overview Students should be aware that they are in a real court, where decisions will be made affecting the lives of real people. Some of these decisions
More informationLAO PEOPLE S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
LAO PEOPLE S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY National Assembly No. 34/PO DECREE of the PRESIDENT of the LAO PEOPLE S DEMOCRATIC REPUBLIC On the Promulgation of the Amended
More informationThat being registered under the Medical Act 1983 (as amended):
PUBLIC RECORD Dates: 09/11/2017 10/11/2017 Medical Practitioner s name: Dr Andrew MACKENZIE GMC reference number: 6134691 Primary medical qualification: Type of case New - Conviction / Caution MB ChB 2006
More informationCriminal Procedure Code No. 301/2005 Coll.
Criminal Procedure Code No. 301/2005 Coll. P A R T F I V E L E G A L R E L A T I O N S W I T H A B R O A D CHAPTER ONE BASIC PROVISIONS Section 477 Definitions For the purposes of this Chapter: a) an international
More informationSummary criminal legal assistance reform. Frequently asked questions guidance
Summary criminal legal assistance reform Frequently asked questions guidance Issued ugust 2008 Contents ppearance from custody Page 1. ppointed solicitors 4 2. Circumstances where BWOR can be provided
More information20 YEARS OF PRELIMINARY INJUNCTION IN PATENT INFRINGEMENT LITIGATION
20 YEARS OF PRELIMINARY INJUNCTION IN PATENT INFRINGEMENT LITIGATION Pierre Véron & Olivier Mandel, Véron & Associés THE FRENCH RECIPE Introduction: Taking the time to investigate historical data, Pierre
More informationEUROPEAN RETURN FUND
EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE, FREEDOM and SECURITY Directorate C : Migration and Borders EUROPEAN RETURN FUND 2008-2013 1 COMMUNITY ACTIONS CALL FOR PROPOSALS 2009 Deadline for application
More informationdeprived of his or her liberty by arrest or detention to bring proceedings before court.
Questionnaire related to the right of anyone deprived of his or her liberty by arrest or detention to bring proceeding before court, in order that the court may decide without delay on the lawfulness of
More informationOrganic Law on immediate and transitional constitutional provisions
Organic Law on immediate and transitional constitutional provisions No. 904 of 9998. Organic Law on immediate and transitional constitutional provisions. Certified on: / /20. INDEPENDENT STATE OF PAPUA
More informationCCPR/C/109/D/1795/2008
United Nations International Covenant on Civil and Political Rights CCPR/C/109/D/1795/2008 Distr.:General 5 November 2013 Original: English Human Rights Committee Communication No. 1795/2008 Views adopted
More informationStatewatch Analysis. EU Reform Treaty Analysis no. 4: British and Irish opt-outs from EU Justice and Home Affairs (JHA) law
Statewatch Analysis EU Reform Treaty Analysis no. 4: British and Irish opt-outs from EU Justice and Home Affairs (JHA) law Prepared by Professor Steve Peers, University of Essex Version 2: 26 October 2007
More informationReport on Eurojust s casework in the field of the European Arrest Warrant
Report on Eurojust s casework in the field of the European Arrest Warrant 26 May 2014 REPORT ON EUROJUST S CASEWORK IN THE FIELD OF THE EUROPEAN ARREST WARRANT This report concerns Eurojust s casework
More informationNo. 904 of Organic Law on immediate and transitional constitutional provisions. Certified on: / /20.
No. 904 of 9998. Organic Law on immediate and transitional constitutional provisions. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Organic Law on immediate and transitional constitutional
More informationEJTN CRIMINAL JUSTICE I International Judicial Cooperation in Criminal Matters in Practice: EAW and MLA simulations
DRAFT PROGRAM CORE GROUP 1 Cyprus / CORE GROUP 2 France / CORE GROUP 3 Slovenia WEDNESDAY 21 MAY 2014 8.45 Arrival and registration of participants 9.10 Official opening of the seminar Ionas NICOLAOU,
More informationThe Witness and the Justice System in Alberta
The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,
More informationSave the Children s position on the Asylum and Migration Fund
Save the Children s position on the Asylum and Migration Fund 2014-2020 Significant numbers of children from third countries move to Europe, travelling with their families or alone or separated from their
More informationCriminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court
Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding
More informationDraft Statute for an International Criminal Court 1994
Draft Statute for an International Criminal Court 1994 Text adopted by the Commission at its forty-sixth session, in 1994, and submitted to the General Assembly as a part of the Commission s report covering
More informationCUSTOMARY RECONCILIATION IN SENTENCING FOR SEXUAL OFFENCES IN VANUATU
CUSTOMARY RECONCILIATION IN SENTENCING FOR SEXUAL OFFENCES IN VANUATU ARTHI BANDHANA SWAMY This paper seeks to explore how legal recognition of customary reconciliation can deliver justice to victims of
More informationDecision adopted by the Committee at its fifty-second session, 28 April 23 May Sergei Kirsanov (not represented by counsel)
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 19 June 2014 CAT/C/52/D/478/2011 Original: English Committee against Torture Communication
More informationNuremberg Charter (Charter of the International Military Tribunal) (1945)
Nuremberg Charter (Charter of the International Military Tribunal) (1945) London, 8 August 1945 PART I Constitution of the international military tribunal Article 1 In pursuance of the Agreement signed
More informationGeneral guidance on EFSA procurements
General guidance on EFSA procurements For potential tenderers when considering the submission of a tender in response to a procurement procedure of the European Food Safety Authority Updated February 206
More informationSENTENCES FOR FAILURE TO APPEAR (PRINCIPAL OFFENCE)
SENTENCES FOR FAILURE TO APPEAR (PRINCIPAL OFFENCE) - 24 ANNEX B1 ALL DISPOSALS Male Female All Number Percent Number Percent Number Percent Magistrates' Courts Absolute discharge 538 2% 16 2% 644 2% Conditional
More informationIllinois and Federal Civil and Criminal Procedure Local Practice Overview. Illinois State Bar Association Basic Skills Course
Illinois and Federal Civil and Criminal Procedure Local Practice Overview Illinois State Bar Association Basic Skills Course 2009 Prepared by: J. Randall Cox Feldman, Wasser, Draper and Cox 1307 S. Seventh
More informationTHE PARLIAMENT OF ROMANIA THE SENATE LAW. On judicial organisation. in Part I of the Official Journal of Romania No. 566/30.06.
THE PARLIAMENT OF ROMANIA THE SENATE LAW On judicial organisation *) re-published in the Official Journal of Romania, Part I, No. 827/13.09.2005 as subsequently amended, by Law no. 247/2005 published in
More informationArticles of Association of EuroGeographics AISBL. FORM, NAME, SEAT, PURPOSE and ACTIVITIES OF THE ASSOCIATION Article 1 Form and Name
Articles of Association of EuroGeographics AISBL TITLE 1: FORM, NAME, SEAT, PURPOSE and ACTIVITIES OF THE ASSOCIATION Article 1 Form and Name 1.1. The association is a non-profit organization called EuroGeographics
More informationSUPERIOR COURT OF QUÉBEC
SUPERIOR COURT OF QUÉBEC CONSOLIDATED NOTICES TO MEMBERS OF THE BAR MOTIONS IN FAMILY PRACTICE DIVISION 1. Motion Presentation in Practice Division 1.1 In order to ease the task of Court personnel and
More informationREF.: EASO/2018/SNE/002
Call for an expression of interest in the recruitment of a Seconded National Expert (SNE) in the European Asylum Support Office (EASO) REF.: EASO/2018/SNE/002 Publication: External Title of function: Asylum
More informationPROPOSAL FOR A DIRECTIVE ON REPRESENTATIVE
The Consumer Voice in Europe PROPOSAL FOR A DIRECTIVE ON REPRESENTATIVE ACTIONS BEUC position paper Contact: Augusta Maciulevičiūtė consumer-redress@beuc.eu BUREAU EUROPEEN DES UNIONS DE CONSOMMATEURS
More informationLaw of the Child (Juvenile Court Procedure)
GOVERNMENT NOTICE NO. 182 published on 20/5/2016 THE LAW OF THE CHILD ACT, (CAP. 13) ARRANGEMENT OF RULES Rule Title 1. Citation. 2. Application of the Rules. 3. Interpretation. PART I PRELIMINARY PROVISIONS
More information