Hi Abrish I am very satisfied in your post thak you God bless you, Hii..Abrish can I get cassation decision related to civil procedure art 454, Hii..abrish ..can i get cassatioin decision related to civil pro art 454, Please Send To Me Federal General Attorney Compiled Proclamation, Hi Abersh, please send me a law made by ministry of education on secularism applicable to higher education, I would really appreciate if anybody mails me a labour cassation decision (written in English) especially cases related to unlawful termination of employment contract. The Court of Cassation plays a fundamental role in harmonizing case law due to its position at the apex of the hierarchical structure of the courts, to the fact that it is unique and because it is its foremost task. The Internet site of the Court of Cassation (www.courdecassation.fr) also provides a selection of judgments and opinions and publishes all the periodical information bulletins. As far as the administrative organisation of the Court is concerned, it will be seen later on that the President for the Bench and the General Prosecutor for the Public Prosecution’s Office each have their own specific powers. It is however impossible to avoid it due on the one hand to the quantity, diversity and array of courts whose decisions are controlled by the Court of Cassation and on the other to the vital role played by the requirements to hold a fair trial in the principle of the rule of law. The Commission refers those cases which it believes are likely to be admissible to the Criminal Division of the Court of Cassation ; the Commission for the Review of Criminal Law Decisions following a decision by the European Court of Human Rights. Thereafter they may be appealed before a court of appeal which re-examines all the factual and legal aspects of the case. This screening process has a number of advantages. Membership of the Bar Council is governed by strict conditions of aptitude and future lawyers have either to pass an examination after three years of training or benefit from prior professional expertise which is defined in accordance with very specific objective criteria. In this they are appellate courts of the highest instance. pleas attach the details of volume 14 of federal supreme court decisions.thank you. Federal Supreme Court Cassation Decisions Volume 18. If an appeal is dismissed, the impugned decision becomes irrevocable. Cour de cassation, civile, Chambre civile 1, 7 octobre 2020, 19-17.617, Inédit. Depending on the monetary value of the dispute, decisions from these courts are either deemed to be rendered at last instance if they involve minor claims or, as in the majority of cases, at first instance. It is important to note that the points of law laid down in a ruling by the Full Court which quashes a lower court’s decision are binding on the court to which the case is then referred. Thereafter they ma… I am working privat company as addminstration section head. hi abraham. God bless u. Hi aberesh really u are one of the Ethiopian citizen and Ethiopian peoples respected u. Le décryptage d’une décision de la Cour de cassation intéresse pourtant les expert… I’m very satisfied at your post. u are fantastic. Cour de Cassation: a French appeal court. Mr.Abereham.I do not have a word to expres my filling about you.I have got many experians about low.specialt labour law…through ur chilot.me. This site uses Akismet to reduce spam. pls send me cassetion bench decision file no.11042. The Court of Cassation is also comprised of temporary benches which either include judges from each of the divisions ( Full Court / plenary sessions) or judges from at least three divisions (Mixed Divisions). La Cour de cassation est la plus haute juridiction dans le cadre du système juridique français. These include all the divisional presiding judges and senior trial judges (doyens) together with a trial judge from each of the divisions. 1. In criminal cases, “the decisions of an examining division of a court and the judgments rendered at last instance in respect of serious offences, misdemeanours and minor offences may be set aside if there is a breach of law…” Interlocutory court decisions follow specific rules. sirachnn akalelkln betam enamesegnalen, I thank u Abrham you doing a great thing. As the highest judicial officer in the country, the President is a pivotal figure whose views are listened to by the various State bodies and frequently represents the judiciary during national and international events. Secondly, it is not a third level of jurisdiction after the lower courts and the courts of appeal as it does not rule on the merits of a case. The Code of Judicial Organisation indeed stipulates that an annual report is submitted to the Minister of Justice on the progress of proceedings and the time required for appeals to be heard. It hears appeals from regional court decisions concerning applications for parole lodged by prisoners. However, in order to function correctly it also requires an efficient administrative framework. Elle renvoie alors l'affaire à une autre juridiction de même ordre, de même degré et de même nature que celle dont la décision est cassée. The Department is comprised by and large of judges (auditeurs at the Court of Cassation) and civil servants (Chief Clerks and court clerks). In criminal cases, the appeal must be lodged with the clerk of the court which issued the decision no later than five days after it was delivered. the National Commission on Compensation for Wrongful Imprisonment which acts as a court of appeal against decisions by the presidents of the courts of appeal. The Judge-Rapporteur, to whom every other case is assigned by the presiding judge of their division, is required to carry out an in-depth review of the file and submit their findings in writing. The aim here is not to deprive the Division to which the appeal has been referred of its power to rule thereon. Sometimes the interpretation of the wording of the act which has become questionable due to various developments cannot be modified. The trial judges are also appointed or proposed by the President to sit on various commissions and institutions. In civil cases, appeals are only possible against decisions which have been rendered at last instance. In order to achieve this objective, the General Prosecutor benefits from significant privileges. thanks a lot Abrsh, my former instructor!!!! Chambres et composition La Cour de cassation est composée de trois chambres selon le type d’affaires. In their absence, the most senior divisional trial judge, who is called a doyen, presides the hearing, or if he/she is absent, the hearing is presided by the most senior trial judge present. libertas-institut.com Secondly, the examination of appeals by the Chambre des requêtes was compulsory for all appeals except those in criminal cases whereas now only those appeals that are likely to fall within the scope of the non-admission procedure are considered by these benches. The General Prosecutor is personally entrusted with the role of public prosecution. does cassation decision volume 19 published? He also rules on questions of admissibility and discontinuance of appeals and the withdrawals of appeals from the case-list. A judgment may be quashed in full (the impugned decision is set aside and the parties find themselves in the position they were in before the decision was rendered) or partially (in this particular case, only certain parts of the ruling are overturned). Learn how your comment data is processed. thank you abrish i have got 2013/14 proclamations from your web. 3) In the main and apart from criminal cases, the decree of 20 August 2004 does not require parties in electoral disputes to be represented by lawyers. La Cour de cassation est le juge de la légalité des jugements. The Court of Cassation is the highest court in the French judiciary. Pour consulter les communiqués portant sur l’activité institutionnelle, cliquez ici. 34155, Institutional Aspects of Reforming the Financial Sector: The Case of Regulating Banking in Post-Reform Ethiopia, e-Payment: Challenges and Opportunities in Ethiopia, Rethinking Ethiopian Secured Transactions Law through Comparative Perspective: Lessons from the Uniform Commercial Code of the US, Document Authentication and Registration Office, Ethiopian Food, Medicine and Health Care Administration and Control Authority. In addition, the role of the Court has also been indirectly widened on the one hand by the creation of various judicial bodies which are comprised in full or in part by certain of its members and on the other by the fact that its members are requested to serve on a range of increasingly influential and major organisations which do not necessarily fall within the scope of their judicial powers. pl send me volume 15. Its role is to provide compensation for the detrimental consequences of a decision to remand a defendant in custody pending trial if and when the court proceedings in question have been terminated because the case was dismissed or the defendant was discharged or acquitted ; the Criminal Conviction Revision Commission which examines applications for the revision of a judgment. Otherwise, the bench must be comprised of at least five judges who are entitled to vote. Comme son nom l'indique, la Cour de Cassation est une cour et non un tribunal. Federal Supreme Court Cassation Decisions volume 16 Table of contents . The bench of the Court of Cassation varies depending on whether the request for an opinion concerns a civil or criminal case. Civil, commercial, social or criminal cases are first of all tried in courts of first instance (tribunaux d’instance  and tribunaux de grande instance , commercial courts, employment tribunals [conseils de prud’hommes] ...). This is quite exceptional. Finally, special mention should be made of the Annual Report of the Court of Cassation. The notion of disciplinary control – which is a term that has been in use for a long time – involves first and foremost the court’s obligations to deliver and draft their decisions in a particular way. A variety of publication tools is used to cover the diversity of the public involved. One or several court clerks are assigned to each division. A significant number of appeals are processed in this way : 30% in the civil divisions and 35% in the Criminal Division. The Bar Council Charter dates back to a royal decree of September 10, 1817 which is still in force, even though it has been amended as necessary over the years. After having examined the case, the Judge-Rapporteur is required to prepare a report and a memorandum together with one or more draft judgments. i really appreciate your effort because you are doing what a dedicated citizen doing.keep it. keep it. Internal discipline within the Bar Council falls within the remit of a disciplinary council which is comprised of a chairman and eleven members who are all elected for three years. This enables the lower courts to anticipate the position the Court will take in respect of a specific rule which the courts are having difficulties applying. Il en existe bien un, cependant. If a given case normally falls within the scope of several divisions or if diverging rulings have been issued or are likely to be issued by the divisions, it must be heard by a mixed division. Is there a place I should check online? The case is then placed for deliberation. i have no words how to thank you for helping us. The presiding judge may decide to sit in plenary session ( Full Court) if the ruling to be given might overturn previous case law or because the Court is required to rule on a sensitive issue. In practice, the General Prosecutor and the deputy prosecutors are independent from the Minister of Justice. Finally he presides over the Bureau and superintends the Chief Clerk in respect of administrative matters. The General Prosecutor assigns the members of the Public Prosecutor’s Office to the divisions where he feels their work will be the most useful. 62/44 (sheria court procl), These are wonderful documents.Thanks for your handwork to post all these important materials. Here the General Prosecutor informs the Court of the actions of the lower courts which exceeded the powers which had been given to them. Le pourvoi en cassation (ou « recours en cassation ») est un recours formé devant la Cour de cassation à l’encontre d’une décision prise par une Cour d’appel, une cour d’assises ou tout autre tribunal statuant en dernier ressort. Ainsi elle n'apprécie pas les faits (article L. 411-2 du Code de l'organisation judiciaire).La Cour de cassation juge que les précédentes juridictions ont bien appliqué les règles de droit. Si la Cour constate une illégalité en rapport avec la considération qui précède, cette illégalité est donc soulevée d’office, c'est-à-dire à défaut, pour ce dem… He decides on the relevance of an application for leave to enter a plea of forgery which is lodged by one of the parties against an exhibit produced before the Court of Cassation and states that an appeal is forfeited if the written submissions are not filed within the deadlines. Cassation partielle : définition. Further developments which took place during the 19 th century have enabled the Court to establish its widely recognized powers. The decision to hear a case in Full Court is made by the President or by the division to which the appeal is referred. It decides in particular on the number and duration of hearings and draws up the National Register of Experts. The procedure is strictly regulated and must comply with a certain number of conditions : In criminal cases, the Act of 25 June 2001 has laid down other restrictions relating to the nature of the disputes and the concern not to delay the adoption of a judgment when a defendant is being held in custody or is under judicial supervision. First of all, it is unique : “There is one single Court of Cassation for the whole Republic”. Indeed, the lower courts have sole discretion to assess these elements. The General Prosecutor also acts as the public prosecutor with the French Court of Justice where he/she is assisted by the Chief Deputy Prosecutor and two deputy prosecutors. If the appeal is inadmissible or is not founded on serious grounds, the case may then be fast-tracked by a streamlined procedure which is called the non-admission procedure. The Court’s interpretation of a rule of law is laid down in the replies given to the pleas submitted and in particular to pleas which allege a breach of law. The file, including the report (with the exception of the memorandum and draft judgments which are only intended for the trial judges who are to hear the case), is then transmitted to a deputy prosecutor who is required to issue an opinion. Each division has its own presiding judge (président) and the President (premier président) assigns an unequal number of trial judges (conseillers) to each of these according to the number of appeals to be heard. Siégeant dans l’enceinte du palais de justice de Paris, la juridiction suprême a pour mission de contrôler l’exacte application du droit par les tribunaux et les cours d’appel, garantissant ainsi une interprétation uniforme de la loi. His opinion is sought on the preliminary drafts of laws and decrees, which do not only concern proceedings before the Court of Cassation, but which also introduce major legal reforms. THE DOCUMENTATION, RESEARCH AND REPORTING DEPARTMENT AT THE COURT OF CASSATION. Thank u very much we are living in remote area u are always update our knowledge. Un exercice universitaire. well done. The lawyers, who are also public officers, are closely involved in the running of the Court of Cassation. The Court of Cassation is the highest court in the French judiciary. Once the deadlines, which vary depending on the type of case (in civil matters, four months for the statement of claim and two months for the statement of defence from the date the statement of claim is served), have passed, the case is referred depending on its subject-matter to one of the six divisions of the Court, or even to a mixed division or to the Full Court where a Judge-Rapporteur is designated. They enjoy a monopoly over all cases submitted to the Court with the exception of electoral disputes (whether professional and political) which fall within the remit of the Court, as in this particular instance the parties are entitled to defend themselves. Federal Supreme Court Cassation Decisions. Federal Supreme Court Cassation Decisions volume 1-14 Table of contents. God bless you and your family. In actual fact it judges the decisions of the lower courts : it is up to the Court to rule whether based on the facts of the case which the courts assessed at their sole discretion and on the questions which were put to them they have accurately applied the law. By and large, the Court exercises legislative control through the replies it gives to grounds that there has been a violation of (civil or criminal) law or to grounds that the lower court’s decision lacked a legal basis (in civil cases). Some examples of these are : The Court of Cassation also has a Legal Aid Board which is run conjointly by judges, lawyers, State officials and users of the court. Raisonnement de la cour de cassation Cour de cassation Assemblée plénière Audience publique du mercredi 12 juillet 2000 N° de pourvoi: 99-19004 Publié au bulletin Rejet. This is indeed the case when a matter of principle is involved. A total of nineteen judges sit in plenary sessions. Finally, like all courts, the Court of Cassation has a Court Clerk’s Office which includes all the administrative departments. However, the Court of Cassation may quash a judgment and refuse the right to appeal from its decision if such a judgment does not entail a new ruling on the merits of the case or if the facts, which have been ascertained and assessed at the sole discretion of the lower courts, enable the Court to apply the appropriate rule of law. The first approach is to apply the texts to situations that have not been foreseen by the legislators as in the case for example of the application of texts on misdemeanours, which stem by and large from the Civil Code of 1804, to driving offences. The appeal, which then complies with certain procedural rules that do not fall within the compass of this general presentation, necessarily challenges a decision. These lawyers, who are members of a specific Bar Council, descend from the lawyers at the King’s Councils and are sometimes consequently referred to as lawyers of the Councils. 128-1998, Requirements to Approve Ethiopia Overseas Employment control, Requirements of work permit for foreigners, Kidus Building, Bole Medhane Alem, Addis Ababa, Journal Articles and Materials on Ethiopian Land Law, Materials and resources on Ethiopian law of charities and civil societies. The fundamental role played by the Revolution was to maintain this institution, despite the fact that it was losing its raison d’être, and transfer the powers that belonged to the Head of State to the courts. The Court of Cassation delivers approximately ten opinions per year. Cour de Cassation, (French: “Court of Cassation,” or “Abrogation”), the highest court of criminal and civil appeal in France, with the power to quash (casser) the decisions of lower courts.The high court considers decisions only from the point of view of whether the lower court has applied the law correctly; it does not deal with the facts of a case, nor does it retry it. If the said statement of claim or supplementary brief is not filed within the deadlines the appeal is dismissed. Please would you help me to get to access to laws pertinent the sources and administration of municipal cities budget in Oromia N.R.State. Its most important role by far is to uphold this fundamental principle which is laid down at the beginning of texts in the Code of Judicial Organisation that deal with the Court of Cassation : it cannot be dissociated from its foremost purpose which is to harmonize case law and ensure that texts are interpreted in the same way throughout the country. These lawyers hold official positions and are thus limited to a total of sixty. This is why the Court of Cassation does not strictly speaking deliver a ruling on the disputes which are at the origin of the decisions but on the decisions themselves. The Public Prosecutor’s Office has its own secretarial offices which are managed by a chief clerk. Beyene, Thank you I appreciation your contribution, የማውቅህና ያስተማርከኝ በመሆኑ ኩራት ተሰምቶኛል በርታ ቀጥልበት !!! This broad interpretation of disciplinary control represents a heavy burden for the Court of Cassation as a very large number of appeals rely on one or more pleas pertaining to this control. Federal Supreme Court Cassation Decisions volume 15 Table of contents . I geared that you can not in until he released. !THANK YOU!! For all commentators, please comment on law and write brief suggestion, some of your comment doesn’t give any sense. Rom Asmara,Eritrea. However in criminal cases the Court of Cassation has the possibility of extending the consequences of the decision to overturn a lower court’s decision to any party to the proceedings who have not appealed. He also chairs the Commission for the Promotion of Judges, the Board of Directors of the French National School for the Judiciary which plays a vital role in defining the initial training of future judges and the continuing education of all judges. The purpose of each appeal is consequently to challenge a decision and the Court of Cassation is thus required to find whether the rules of law have been correctly or incorrectly applied. The Presiding Judge is the last person to speak. Pursuant to an Act of 23 April 1997, a bench comprised of three judges is necessary to rule on a case for which the outcome of the appeal is obvious notwithstanding the actual decision of the Court (dismissal, quashing of the lower court’s decision, non-admissibility and non-admission). Except in judgments which are rendered by the Full Court, the court to which the case is then referred is not bound to comply with the terms of the ruling of the Court of Cassation.
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