Court of appeal (France)

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Use this text: subst:Warning fusion -Court of appeal (France) -Advisor of the court of appeal In France, the court of appeal of the court order is a court of common law of the second degree. It examines a dispute already ruled, for example, by a correctional court or a tribunal de grande instance. When one of the parties is not satisfied with the judgment, it"appealing"(and not"appeals").

Then that the courts of first instance render a"judgment", a court of appeal renders a"judgment", which may confirm or set aside the initial judgment.

After a judgment of the court of appeal, it is possible to lodge an appeal in cassation. If it is admissible, the case is not deemed to be a third time but it is verified that the rule of law have been correctly applied. There are currently thirty-six courts of appeal on the French territory, including six overseas, and a high court of appeal at Saint-Pierre-and-Miquelon. In metropolitan France, each court has jurisdiction over several counties or cities (two to four, in general) except that of Metz, whose jurisdiction corresponds to the only department of the Moselle. They are often located in cities which have accommodated the courts of the Ancien Regime than were the Parliaments. These courts have been established under the name of the court of appeal by the act of the twenty-seven ventôse year VIII (march), which puts an end the system of the"call circular"which had been put in place in. Become the"court of appeal"by the senatus-consults of the twenty-eight floreal year XII (may), they take the name of the"imperial court"in. Their name changes according to the plans:"imperial court"during the First and Second Empire,"royal court"during the Restoration and the July Monarchy, and the court of appeals for the times republican, a designation that remained. Until, the appeal from the judgments of justices of the peace and of the councils of prud'hommes was brought before the civil court, while he was a district court to the appeals courts and the parity of rural leases, and a regional commission of social security to the call of the commissions of first instance. The courts of appeal did so in a civil matter, as appeals against the judgments of the civil court and the court of commerce. In contrast, in criminal matters, the courts of appeal already knew of the calls, correctional and police. With the reform of, the court of appeals became the sole appellate court of the judicial order. The exceptions (assize courts of appeal, national Court of the disability and of the pricing of the insurance of occupational accidents and Court national security detention), have been re-created after. In the framework of the reform of the judicial map in, the minister of Justice Rachida Dati wished to retain, in theory, that a court of appeal by administrative region, the territorial limits of each of these jurisdictions should not exceed the regional framework. Thus, the existence of several courts of appeal could be challenged, like those of Agen, Bourges, Chambery, Grenoble, Metz, Nîmes or Pau. Others have seen their jurisdictions modified by the addition or removal of departments of their jurisdictions. Finally, in the face of the opposition of local politicians and justice professionals, and no modification of this order was made and the reform that has taken place, has nothing changed in the list and on the springs of the courts of appeal.

In its annual report, the Court of auditors stresses that the jurisdiction of the courts of appeal coincides neither with the territories of the twenty-two regions before, nor with those of the nine areas of the decentralized services of the ministry of justice, those of the prison administration and the legal protection of the youth.

It recommends that the number of courts of appeal is reduced to correspond to the thirteen metropolitan areas established by the act III of decentralization.

The judges of the court of appeal are usually experienced, they have started their career in a first instance court. Each court of appeal is presided over by a first president, who is also called"chief court". The other magistrates of the seat are the chamber presidents and advisors, appellations, which remind us of the parliaments of the Ancien Régime. Can also be assigned to the court of appeal of the vice-presidents and judges placed with the first president and who can perform their duties either to the court of appeal or in any court having jurisdiction in ref. The first president, chamber presidents and councillors of the court of appeal are the only magistrates can preside over an assize court.

The prosecutors-general are an attorney general ("chief prosecutor's office"), general counsel and deputy general.

The attorney general shall ensure the application of the criminal law in all the extent of the jurisdiction of the Court of appeal and the proper functioning of the prosecutors of its jurisdiction.

The attorney general or his or her deputy represents the public prosecutor before the assize Court to the court of appeal. Each court is structured in a variable number of rooms of which some can be specialized. A court of appeal consists of the minimum: The college training of judgment are composed of three magistrates (the first president, a president of the chamber, and a counselor or a chamber president and two counselors) in normal training and of five judges in the formation solemn (especially in the case of a referral after cassation). In rare cases, the court of appeal meets in the form of' assembly rooms which includes the judges of the two chambers (three for the court of appeal of Paris). The court of appeal hears appeals of cases previously brought before all the tribunals, civil as well as criminal: It knows, in addition, appeals against elections to the bars and some of their decisions, as well as the decisions of other professional associations of judicial professions. The Paris court of appeal is competent to hear appeals against the decisions of certain independent administrative authorities (competition authority, authority of financial markets, autorité de régulation des communications électroniques et des postes). In the particular case of assize courts, since the law on the presumption of innocence, the court of assizes of appeal is not a court of nd degree, but a court different, in a different department and with nine jurors instead of six. For the review of social protection, twenty-four courts of appeal in france (more than four other overseas) are charged effective January. All affairs are not"subject to appeal"and, therefore, may not be sent for retrial on appeal, for example for disputes less important. In this case, the appeal in cassation is possible The first president of the court of appeal and the attorney-general, assisted possibly other magistrates, involved in the administration and inspection of the courts of the jurisdiction of the court. Thus, they have the quality of the authorising officer and the person in charge of the markets public. They are assisted in these responsibilities by the regional administrative.