Universal Human Rights: Balancing State Sovereignty
Essay - 4 pages - Public liberties
This article explores the tension between the universal expansion of human rights and state sovereignty, examining the role of supra-state judges and the impact on national legal systems.
Civil Real Estate Company Loan Capacity
Case comment - 1 pages - Business law
The legal personality of a Civil Real Estate Company (SCI) and its capacity to contract a loan, even when a minor is a major associate, is examined. The Court of Cassation's ruling on the necessity of guardian judge authorization is discussed.
Bergoend c. ERDF Society: Fait Accompli Ruling
Case comment - 2 pages - Administrative law
Tribunal des Conflits judgment on 17 June 2013, reducing the scope of fait accompli and attributing competence to the administrative judge.
Execution of Administrative Justice Decisions
Essay - 4 pages - Administrative law
The administrative judge has evolved to ensure the execution of its decisions with a consistent legal arsenal, despite initial reluctance.
General Principles of Law in Administrative Jurisprudence - published: 03/12/2025
Essay - 6 pages - Administrative law
The general principles of law are essential in structuring administrative law, recognizing their superior normative value. Administrative judges must assess each situation on a case-by-case basis, balancing the principle of separation of powers with the need to fill legal gaps.
Error of Law and the Role of the Court of Cassation in Ensuring Judicial Unity and Predictability of Law
Essay - 8 pages - Civil law
Unlock the intricacies of judicial unity and the pivotal role of the Court of Cassation in ensuring the predictability of law and stability of judicial decisions. Discover how errors of law and fact are addressed, and the mechanisms in place for correcting such errors, including cassation with...
Jurisdiction over SPIC Agents: Ensuring Legal Coherence
Case comment - 5 pages - Administrative law
The Council of State's ruling on the Cornebarrieu crematorium case establishes the judicial judge's exclusive jurisdiction over SPIC agents, ensuring legal coherence and predictability.
State Liability for Damages
Law case study - 5 pages - Administrative law
The administrative judge is competent in matters of liability of public persons due to harm caused by their public services. The State can be held liable for damages resulting from death or injury caused by violence within a penal establishment.
"Administrative Contract Litigation: Jurisdiction and Recourses in French Public Law"
Essay - 5 pages - Administrative law
Unlock the complexities of administrative contracts with expert insights into their formation, execution, and litigation. Discover how the administrative judge ensures balance and fairness in public law contracts, and understand the rights of parties and third parties involved. Learn about...
Protection of Fundamental Rights and Freedoms
Course material - 170 pages - Public liberties
This document discusses the implementation of effective judicial protection of fundamental rights and freedoms, including prior control, the QPC, and the role of the administrative judge.
Limitation Period for Liquidation Action and JEX Competence
Case comment - 5 pages - Real estate law
The judgment clarifies the regime of the fine and the role of the Judge of Execution (JEX) in ensuring the effectiveness of judicial decisions, establishing a single starting point for the limitation period for the liquidation action.
Age Discrimination and EU Law
Tutorials/exercises - 1 pages - European law
National judges must apply EU Directive 2000/78/CE on age discrimination directly, setting aside incompatible national provisions.
Administrative Law and Judicial Recourse
Law case study - 3 pages - Administrative law
This document discusses various aspects of administrative law, including the conditions under which an administrative decision can be withdrawn or repealed, and the jurisdiction of administrative judges.
Parental Authority and Child's Residence
Law case study - 2 pages - Family law
A family court judge must rule on the modalities of the exercise of parental authority, considering the best interest of the child.
François Mitterrand on the Constitutional Council: Strengthened Authority and Democratic Vigilance
Text analysis - 4 pages - Law's history and philosophy
Discover how François Mitterrand balances the strengthening authority of the Constitutional Council with democratic vigilance, addressing concerns of a potential 'government of judges'. Learn about the Council's evolution from a political instrument to a judicial authority,...
General Principles of Law in Administrative Jurisprudence
Essay - 3 pages - Administrative law
The role of general principles of law in the block of legality and their application by the administrative judge in a state of law.
International Law Norms Binding States
Essay - 4 pages - International law
This document discusses how states can be bound by international law norms without their explicit acceptance, through various means such as treaties, custom, and the role of international organizations and judges.
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
Given the rule of the precedent in the federal judiciary system, how can it promote stability in the law?
Essay - 2 pages - Law's history and philosophy
The actual implementation of the federal judiciary system began with the Judiciary Act of 1789, signed into law by President George Washington. It established the basic structure and jurisdiction of the federal judiciary system and created the Supreme Court as well as lower federal courts. Since...
The United Kingdom Judicial System Today
Presentation - 18 pages - Constitutional law
This documents contains a presentation explaining the United Kingdom judicial system today.
The American Legal system versus the English Legal System
Tutorials/exercises - 3 pages - Other law subjects
When we talk about the American legal system, it should be understood as the legal system that applies in the United States of American (US), whereas the English legal system is the one that takes place in the United Kingdom (UK) : England, Wales, Scotland and Northern Island, except for...
Political Inaction
Essay - 1 pages - Political science
Democracy allows people to make choices. We can see it for instance nowadays with the choice of being vaccinated against coronavirus. In France, there is the possibility for a group of citizens supported by senators to make a referendum. Hugo Clement, a journalist, decided to use this possibility...
French law of international commercial arbitration
Course material - 5 pages - Other law subjects
French law of international commercial arbitration is a course designed for fourth-year students at the University of Nice Sophia-Antipolis and doctoral students in law. In order to help students deepen their knowledge of the subject, a book has been set up called "International Commercial...
The Burden of Proof
Course material - 1 pages - Civil law
The burden of proof in civil and criminal cases is the obligation to provide evidence validating or disputing a certain occurrence. It is an obligation to proof what has been alleged in judicial proceedings. The burden of proof differs in criminal and civil cases whereby in criminal lawsuits, it...
Administrative Law Jurisdiction
Essay - 5 pages - Administrative law
This document discusses the application of administrative law and jurisdiction in France, highlighting the complexities and exceptions to the principle that the substance of the law determines the jurisdiction.
The risks of democracies
Essay - 3 pages - International law
In order to determine whether there is a violation of due process, it is necessary to ask several cumulative and conditional questions. If so, is a fundamental right involved? And finally, depending on the answer to this question, it is necessary to apply the standards of the review to provide an...
Council of State Ruling on Competent Jurisdiction for Dispute between M. A. and Commune of Saint Hilaire du Touvet
Case comment - 3 pages - Administrative law
The Council of State determines the competent jurisdiction to settle a dispute between M. A., director of a SPIC, and the commune of Saint Hilaire du Touvet, based on the jurisprudence regarding public agents and the competence of administrative jurisdictions.
Administrative Police Measures and Competition Rules: Council of State's Advisory Opinion on Regulatory Compliance.
Case comment - 2 pages - Administrative law
Unlock expert insights on competition law and administrative police measures with this comprehensive advisory opinion from the Council of State. Discover how regulatory authorities must balance economic activities with competition rules when implementing local regulations, and learn about the...
The Tell-Tale Heart - Edgar Allan Poe (1843)
Book review - 2 pages - Literature
Edgar Allan Poe is a 19th century American romantic writer best known for his dark and mysterious short stories. 'The Tell-Tale Heart', published in 1843, is one of the most famous ones. It is about a murderous narrator trying to convince the reader of his own sanity by explaining and...
Abolish Administrative Jurisdiction in France
Essay - 3 pages - Administrative law
This dissertation examines the criticisms and justifications surrounding the administrative jurisdiction in France, questioning whether it should be abolished.
