Res Judicata Authority of Preliminary Proceedings Judges' Decisions: Balancing Efficiency and Rights Protection
Law case - 19 pages - Civil law
Unlock the nuances of civil procedure with this in-depth analysis of the res judicata authority of decisions rendered in preliminary proceedings. Discover how the Court of Cassation's restrictive interpretation of the 2005 decree impacts procedural efficiency and the protection of...
CJEU Rules Against Poland: Disciplinary Procedure for Judges Undermines EU Law Principles of Independence and Impartiality
Law case - 2 pages - European law
Discover the implications of the Court of Justice of the European Union's judgment in Case C-791/19, European Commission v Republic of Poland, on the rule of law and judicial independence. This landmark ruling addresses whether Poland's disciplinary procedure for judges, influenced...
How does the French legal system differ from the common law system with reference to the powers of judges and the functioning of the courts?
Essay - 3 pages - Constitutional law
Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The...
Legal Philosophy - Value judgments and how judges decide cases - Mapodile v Minister of Correctional Services 2016 (2) SACR 413 (GJ)
Law case study - 5 pages - Civil law
This case concerned the rights of gay prisoners and their treatment in prison. The applicant was a gay prisoner who brought an application to the court seeking the court's assistance in establishing the rights of gay and lesbian men and women to be confined in cells with people of similar...
Judges
Case study - 1 pages - Administrative law
A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform legal searches. Before a trial may begin, there are certain steps that must be followed. After an arrest has been made the booking...
The political role of the judges in law and politics - publié le 13/01/2009
Essay - 4 pages - Political science
My presentation is concerned with the relationship between law/the judiciary and politics. The laws relating to civil and criminal wrongs are indeed made either by Parliament in the form of Acts of Parliament (also called statutes) or by the judges themselves (then called the common law)....
A paper examining the controversy that surrounds the question of what Judges are doing when they are deciding cases
Thesis - 5 pages - Social, moral & civic education
If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that function. Judges are not, in this country, elected, as are the other law-makers (the...
A discussion concerning the belief that 'Judges do not make law - they only declare it'
Thesis - 6 pages - Civil law
The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge ? puzzled over whether judges are authoritarian law-makers, or if their profession makes...
The political role of the judges in law and politics
Essay - 4 pages - Political science
My presentation is concerned with the relationship between law/the judiciary and politics. The laws relating to civil and criminal wrongs are indeed made either by Parliament in the form of Acts of Parliament (also called statutes) or by the judges themselves (then called the common law)....
The Administrative Judge's Evolution in Interpreting European Directives
Essay - 4 pages - Administrative law
This dissertation explores the French administrative judge's shift from initially refusing to recognize the direct effect of European Union directives to becoming the common law judge of directives. The study examines the key jurisprudential developments, including the...
Cassation for Lack of Separation between Investigating Judge and Judge of Liberties
Law case - 4 pages - Criminal law
The Court of Cassation ruled that a magistrate cannot exercise both as investigating judge and judge of liberties and detention due to impartiality concerns.
Administrative Sanctions: Shift to Full Contentious Judge Office - published: 17/09/2025
Essay - 5 pages - Administrative law
The article discusses the evolution of administrative sanctions in the context of French administrative law, highlighting the shift from the judge of excess of power to the full contentious judge office.
Administrative Sanctions: Shift to Full Contentious Judge Office
Essay - 5 pages - Administrative law
The article discusses the evolution of administrative sanctions in the context of French administrative law, highlighting the shift from the judge of excess of power to the full contentious judge office.
Jurisdiction of Administrative Judge
Course material - 53 pages - Administrative law
This document discusses the jurisdiction of administrative judges, exceptions to their jurisdiction, and the role of judicial judges in certain administrative matters.
The Evolution of Constitutional Control by the Judge in France
Essay - 3 pages - Constitutional law
This document provides an in-depth analysis of the gradual establishment of constitutional control by the judge in France, from its initial reluctance to its current significance in the country's legal system. Written in the context of a law course, this paper explores the modalities...
The Principle of Primacy of EU Law before the Administrative Judge
Tutorials/exercises - 7 pages - Administrative law
This dissertation explores the principle of primacy of EU law before the administrative judge, examining its implications for the integration of European Union law into the French legal order. The author delves into the concept of directives, the role of the administrative judge,...
The Administrative Judge and the Directives: A Renewal of Direct Applicability
Tutorials/exercises - 8 pages - Administrative law
This document explores the relationship between the administrative judge and European directives, highlighting key case law and the evolution of direct applicability in domestic law. From the Council of State's initial reservations to the recent Nicolo Judgment, discover how directives...
Judge's Role in Qualifying Facts and Legal Foundations
Law case - 3 pages - Civil law
The Court of Cassation's plenary assembly clarifies the judge's obligation to give exact qualification to facts and acts invoked by parties, while not being obliged to change the denomination or legal foundation of their requests.
POWERS OF JUDGE IN ADMINISTRATIVE CONTRACT DISPUTES
Worksheets - 4 pages - Administrative law
The administrative judge has various powers to intervene in contractual disputes, including suspension, cancellation, and penalties.
Jurisdictional Power of Execution Judge on FICP Deletion Request
Law case - 5 pages - Notarial law
The Court of Cassation rules on the competence of the execution judge to decide on a request for deletion of a payment incident file during an enforcement procedure.
The Role of the Judicial Judge in Controlling the Hierarchy of Norms
Essay - 1 pages - Constitutional law
This document explores the control of the hierarchy of norms by the judicial judge, including conventionality control and constitutional control, and how it ensures the rule of law in the framework of Priority Constitutional Questions.
Administrative Judge Control
Essay - 3 pages - Administrative law
This document discusses the role of the administrative judge in controlling the legality of administrative acts and protecting fundamental rights.
Penal Judge Competence on Administrative Acts
Essay - 5 pages - Criminal law
The document discusses the competence of penal judges to interpret and assess the legality of administrative acts, and the implications of their annulment on penal proceedings.
Contract Law Reform: Judge's Role
Essay - 4 pages - Obligation law
The reform of contract law has introduced new principles and prerogatives for judicial judges, emphasizing amicable dispute resolution and extending judicial powers.
Judicial Judge Competence in SPIC Disputes
Law case - 4 pages - Administrative law
Council of State decision reinforces judicial judge competence in disputes between public industrial and commercial services and users.
Judge's Conciliation Mission
Course material - 2 pages - Civil law
The role of judges in conciliation proceedings under French law, governed by Article 21 of the Civil Procedure Code and other related provisions.
Administrative Judge Competence on Sports Federations Neutrality
Law case - 3 pages - Administrative law
The Council of State rules on the competence of the administrative judge regarding sports federations and the principle of neutrality.
Application for Judicial Detachment as Magistrate/Judge
Sample letter - 1 pages - Criminal law
A motivation letter for joining the Judicial Corps as a Magistrate or Judge, highlighting the candidate's legal knowledge, experience, and skills.
Administrative Judge's Control Over Law
Essay - 5 pages - Constitutional law
The administrative judge's role in controlling the law, including its conformity to treaties and the Constitution, is examined in the context of French law and European Union law.
The Artisan, the Muhtasib and the Judge: Conflict Resolution in 11th Century Cordoba
Book review - 2 pages - Medieval history
The article "The Artisan, the Muhtasib and the Judge: Birth and Solution of a Conflict in Cordoba in the Second Half of the 11th Century" by Christine Mazzoli-Guintard explores the resolution of conflicts in the professional sphere of craftsmanship in 11th-century Cordoba. Through the lens...
