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Court of cassation - Wikipedia, the free encyclopedia In Belgium, the Court of Cassation (Hof van Cassatie in Dutch, Cour de cassation in French) In Romania, the High Court of Cassation and Justice This is a disambiguation page: a list of articles associated with the same title. en.wikipedia.org /wiki/Cassation   (114 words)

310102 Cassation versus acquittal to become possible   (Site not responding. Last check: 2007-10-20) The institution of cassation proceedings before the Supreme Court in appeal against acquittal by judges deciding questions of fact (Law Court of Court of Appeal) is to become possible. Cassation permits the Supreme Court to examine the obligatory grounds of final judgements made by judges deciding questions of fact, and of law in general. An important reason for lifting the ban on cassation of article 430 Sv can be found in the emergence of jurisprudential law of evidence, particularly in the field of illegally obtained evidence. www.justitie.nl /english/press/press_releases/archive/archive_2002/Cassation_versus_acquittal_to_become_possible.asp   (436 words)

[No title]   (Site not responding. Last check: 2007-10-20) Cour de Cassation, which consists of a single court, and whose jurisdiction extends over the whole of the national territory, has as its essential purpose to control the application of rules of law in every judicial jurisdiction by quashing the irregular decisions which are referred to it. Cour de Cassation the withdrawal of the appeal from the Roll of the Court when the enforcement of the judgement, to which he is entitled, was not afforded to him. Cour de Cassation is one of the responses to the growing paralysis of the judiciary faced with the “mounting and increasing flood” of caseloads. www.legal-connexion.info /research/Ccass.htm   (3918 words)

Case Law in France - Court of Cassation - Equal Employment Opportunities According to the Court, the delivery or the sending by the pregnant employee of a medical certificate testifying her condition and the foreseen date of confinement does not constitute a substantial requirement in order for her to be legally protected. When the employee demonstrates that the termination has taken place because of her pregnancy, she is entitled to the damages provided for in article L. alinéa 1, of the Labour Code; but, she is not entitled to the damages provided for in article L. 122-30, alinéa 2, which sanctions the violations of articles L. Based on article L. 123-1 of the Labour Code, the Court of Cassation found that a collective agreement that deprives a female employee on maternity leave of the right to be rated, because of her absence, which consequently impedes her promotion, is to be considered as direct discrimination. www.ilo.org /public/english/employment/gems/eeo/law/france/cl_cc.htm   (1625 words)

Cour de cassation: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-10-20) The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot... The high court of cassation and justice (romanian: înalta curte de casaie i justiie) is romanias supreme court of justice.... The supreme court of sweden (högsta domstolen in swedish) is the supreme court and the third and final instance in all civil and criminal cases in sweden.... www.absoluteastronomy.com /encyclopedia/c/co/cour_de_cassation.htm   (3588 words)

www.rian.ru His lawyers made a sequence of appeals to a cassation instance while the investigation and subsequent court hearings were on. That was one of the reasons why he withdrew from the cassation procedure. The applicant is to notify the court in case he desires to attend the hearings or watch them on a television broadcast. en.rian.ru /russia/20050617/40542115-print.html   (430 words)

Jurisdictional Functions - High Court of Cassation and Justice of Romania   (Site not responding. Last check: 2007-10-20) The High Court of Casstion and Justice is the instance supreme in the judicial instances hierarchy of Romania and has in principal the competence to try the appeal in cassation and to ensure the unitary interpretation and application of the law by the other law courts. In a larger sense, the High Court of Cassation and Justice, according provisions of the Constitution and of its own organic law has in view the correct and unitary application of laws by all the other courts: courts of first instance, Tribunals and Courts of Appeal. The Statute and the role of the High Court of Cassation and Justice shall be further adapted to the legal modifications and improvements in correlation with the achievements of the other national supreme courts and the European Court of Strasbourg. www.scj.ro /monogr_en.asp   (682 words)

[No title] to sentence the defendant in the cassation proceedings - hereinafter to be referred to as the mother - to pay to the Central Authority and/or the father the costs incurred by them in connection with the abduction or return of the child. Cassation proceedings The father has instituted an appeal in cassation against the decision of the Court of Appeal. Cassation may not therefore be granted on the basis of the statement of grounds for appeal. www.hiltonhouse.com /cases/Burgess.hol   (906 words)

University of Minnesota Human Rights Library Such a judgement may be reviewed by an application for cassation motion to the Supreme Court but a review of the judgement is dependent on the discretion of the chairman of the Supreme Court or of the Division of Criminal Cases of the Supreme Court. 5.6 On the second application for a cassation motion of 2 April 1996, the Chairman of the Supreme Court wrote on 5 April 1996 that the law does not provide that the Supreme Court "is a cassation instance for [sentences that have] been adopted by itself". Considering that the parties concede that no domestic remedies are still available, and that the author's claim is based on the alleged absence of a possibility of review of the judgement of 4 May 1994, the Committee is of the opinion that the admissibility of this claim should be considered together with its merits. www1.umn.edu /humanrts/undocs/836-1998.htm   (3217 words)

The cour de cassation   (Site not responding. Last check: 2007-10-20) Its mission is to verify that the decisions of the judges are in compliance with the law. Cases are referred to it through the procedure of "appeal on points of law" (pourvoi en cassation) initiated by an individual or the public prosecutor. When the decision involves a violation of law, the decision is quashed and the case is referred back (renvoi) to a court of second instance (one of the cours d'appel) to be retried. www.justice.gouv.fr /anglais/europe/acourcas.htm   (167 words)

Institute for Justice & Democracy in Haiti - Home By March 1, 2004, when the head of the Cour de Cassation was installed as the interim President, none of the sixteen people convicted at the Raboteau jury trial were in prison. The Cour de Cassation claimed that the case should not have been tried by a jury because a 1928 law requires a trial without jury for all cases of d élits connexes (multiple but related crimes). Immediately after the decision became public, the lawyer of Louis Jodel Chamblain, the co-founder of the FRAPH death squad that terrorized Haiti in 1993 and 1994, and a leader of the insurgency that attacked from the Dominican Republic in 2004, announced that his client would be free soon. www.ijdh.org /articles/article_recent_news_justice_doged-2.htm   (1369 words)

t:\arrets\2000\eng\ The Government argued that the purpose of the cassation petition rule is to permit senior judicial officers to eliminate possible mistakes in the factual or legal assessment of a case by the lower courts, thereby ensuring coherent judicial practice. The cassation petition was subject to the same review procedure as the applicant’s cassation appeal, and thus the former could have no more influence on the court’s decision than the latter. The President’s cassation petition was endorsed at the cassation hearing by the prosecution and eventually accepted by the Supreme Court. www.hri.ca /fortherecord2000/euro2000/documentation/judgments/applno42095-98.htm   (4451 words)

Eurpoean Comm., VACHER v. FRANCE The Court of Cassation's registry could remedy this statutory shortcoming by informing appellants who did not wish to be represented by a member of the Conseil d'Etat and Court of Cassation Bar of the date on which their appeal would be heard. The procureur général at the Court of Cassation was personally advised of the progress of proceedings and of the hearing date, and at the hearing he could make observations without the appellant's being permitted to reply. Far from acting as the prosecution, the role of the procureur général's office at the Court of Cassation was that of an adviser on the law, providing the court with a legal view of the case in the same way as the reporting judge. www.hrcr.org /safrica/arrested_rights/vacher_france.html   (1971 words)

UNDP-POGAR: Country Index: Judiciary The Court of Cassation, located in Abu Dhabi, serves as the final court of appeal for all cases heard in the lower courts and is also empowered to adjudicate any disputes between courts in the individual emirates. In addition, the Court of Cassation is the body empowered to determine the constitutionality of laws, including statutes promulgated at both the local and federal levels. The Court of Cassation is also entrusted with judicial review for all legislation, both for laws that originate at the federal level and for those enacted by the individual emirates. www.pogar.org /countries/judiciary.asp?cid=21   (449 words)

MEFTAH AND OTHERS v. FRANCE - 32911/96;35237/97;34595/97 [2002] ECHR 627 (26 July 2002) On the basis of the ordinance of 1826 the Court of Cassation accepts that it is possible for it to give the parties leave to address it, or for a member of the ordinary bar to speak on their behalf. An appeal to the Court of Cassation was an essential stage in criminal proceedings, as the supervision by the judges of that court enabled any error of law by the lower courts to be corrected, both as regards the definition of the charge and the trial procedure. Yet, in practice the Court of Cassation has, through its settled case-law, established a general principle of not allowing individual litigants who are not legally represented by the prescribed specialist lawyers to participate in the oral hearing, regardless of the particular circumstances of their case (see paragraphs 26 and 27 of the judgment). www.worldlii.org /eu/cases/ECHR/2002/627.html   (8110 words)

Hetq Online   (Site not responding. Last check: 2007-10-20) Even the Court of Cassation lacks the power to change that, since it is in fact deprived of the right to do justice. True, Article 21 of the RA Law on the Creation of Courts endows the Court of Cassation with the power to review the enacted decisions and rulings of the Courts of First Instance and Appeals and the non-enacted decisions and rulings of the Court of Appeals on criminal and military cases. The Court of Cassation would have the same powers today, if years ago, as they frantically tried to wipe out the past, the state bodies of Armenia, including representatives of the judiciary, had not eliminated the rational elements as well, and this could have contributed to a smooth and efficient transition in the system. www.hetq.am /eng/court/h-0903-strouzian.html   (1453 words)

Al-Ahram Weekly | Egypt | A glimmer of hope   (Site not responding. Last check: 2007-10-20) Such has the pressure been that lawyers have revealed that, should the Court of Cassation order a retrial, Ibrahim and the other co- defendants could possibly be released from prison pending the new proceedings. She also pointed to a significant ruling issued by the Court of Cassation in July that annulled the military decree under which her father was convicted. In late July, the Court of Cassation reached the conclusion that the military decree was null and void because it violated the principle of separation of authorities. weekly.ahram.org.eg /2001/564/eg4.htm   (615 words)

Cour de cassation at opensource encyclopedia   (Site not responding. Last check: 2007-10-20) With the exception of a few categories of litigation, it is compulsory to use an avocat when referring matters to the Cour de Cassation or the Conseil d'État. Unlike the case law decisions of common law courts, the Cour de cassation can only confirm the earlier decision, (rejet du pourvoi, dismissal of the appeal) or annull it ("cassation"). Cases against the state or local authorities, including all decisions from the executive branch, are heard by different courts (tribunaux administratifs) and the court of last resort in those cases is the Conseil d'État which also has other, non-judicial, duties. www.wiki.tatet.com /Cour_de_cassation.html   (1672 words)

Building and enforcing IP value If a first-instance judgment is appealed directly to the cassation level, the cassation appeal must be filed within three months from the date of the appealed judgment. Cassation proceedings must be completed within one month from the date the cassation appeal is filed. Although decisions rendered at the cassation level are final and binding, in certain cases on very limited grounds they are subject to review by the RF High Arbitration Court, the supreme court in the commercial court system. www.buildingipvalue.com /n_eu/346_350.htm   (1979 words)

University of Minnesota Human Rights Library (1) On the same day, the author's counsel made a similar application for cassation motion, which was rejected by the chairman of the Division of Criminal Cases of the Supreme Court on 8 December 1995. According to this provision, "it is permitted to lodge a cassation complaint about a sentence for applying the law that provides for more major crime […] or for other aims, which worsen the situation of a convicted person […]". (3) The applications for cassation motion of 28 September 1995 and 2 April 1996 were made with the purpose to acquit the author, thus to improve his situation. heiwww.unige.ch /humanrts/undocs/836-1998.html   (3286 words)

Tunisia: Trial of three PCOT members - The Court of Cassation misses the final opportunity to right an injustice Amnesty International and the FIDH are renewing their call for the immediate and unconditional release of Hamma Hammami, Samir Taamallah and Abdeljabbar Madouri, all of whom are considered to be prisoners of conscience. This examination by the Court of Cassation was the last remedy available through the courts for the three members of the PCOT, who must now serve out their sentences (three years, two months' imprisonment for Hamma Hammami, three years, nine months for Abdeljabbar Madouri and one year, nine months for Samir Taamallah). The Court of Cassation has failed in its duty by not taking up the serious procedural irregularities and the non-respect of the right to a fair trial which were noted from the very beginning of the proceedings. www.amnestyusa.org /regions/middleeast/document.do?id=D6BFB6F584737EF580256C44005339F0   (571 words)

The Head Heeb: The Court of Cassation The original cour de cassation, the constitutional court of France, was among the institutions founded in the wake of the French Revolution, in July 1790. Under the current Egyptian constitution, shariah has been added to the sources of law, and the Court of Cassation has been called upon to give judgments in shariah cases and determine the interplay between shariah and civil law. With the appointment of Tahani el-Gebali,, Egypt's first woman judge, to the supreme court, a woman with a degree in Islamic jurisprudence will be participating in the court's resolution of shariah issues. headheeb.blogmosis.com /archives/014836.html   (556 words)

170804COMMITTEE WANTS SEPARATE CASSATION BAR FOR CIVIL CASES   (Site not responding. Last check: 2007-10-20) According to a proposal in a report by the Cassation Bar Committee that was offered to Justice Minister Piet Hein Donner today, a so called ‘cassation Bar’ will be set up in which lawyers will be registered who are entitled to bring cassation cases on the basis of their experience and specific knowledge. Limiting cassation cases to lawyers from The Hague is no longer an obvious choice since a qualitatively through handling of cases at the Supreme Court by lawyers from outside The Hague District is perfectly possible if certain training and experience requirements are met. The Committee is of the opinion that the cassation practice demands a great deal from the lawyers and should therefore be regarded as a specialisation which can be developed through training and experience. www.justitie.nl /english/press/press_releases/archive/archive_2004/170804SEPARATE_CASSATION_BAR.asp   (457 words)

Prof. Pedro A. Malavet, Comparative Law, Notes Part 10 Cassation function is to ensure the uniform application of the law by the judiciary. It does not solve the case, that is up to the lower courts, which is not bound by the Cassation court’s suggested, non-binding resolution of the case. The French asked "is colorization of fl and white film the work of the devil?" The appellate court of Versailles, on remand from the Cassation court, answered "Yes," imposed damages and enjoined the exhibition of the colorized version of the film. nersp.nerdc.ufl.edu /~malavet/comparat/notes/part10.htm   (4305 words)

Al-Ahram Weekly | Egypt | 'The solution is dissolution'   (Site not responding. Last check: 2007-10-20) The Cassation Court's invalidation of the 2000 parliamentary election results in the East Cairo district of Zeitoun has taken some political observers by surprise. Abdel-Azim said the order was issued by "one of the Court of Cassation's circuits, rather than by the board of the Court of Cassation -- the highest judicial authority -- itself. According to Abdel-Azim, deciding whether or not members of the SCA and the APA are judges is not within the Court of Cassation's jurisdiction. weekly.ahram.org.eg /2003/641/eg7.htm   (657 words)

JUDICIAL SYSTEM ACT   (Site not responding. Last check: 2007-10-20) In the event that the court estimates that a law contravenes the Constitution, the court shall notify the Supreme Court of Cassation or the Supreme Administrative Court, and the prosecutors and the investigators shall notify the Chief Prosecutor, so that the Constitutional Court may be seized. The Chairman of the Supreme Court of Cassation, the Chairman of the Supreme Administrativce Court, the Chief Prosecutor, and the Director of the National Investigation Service shall be appointed and dismissed by the President of the Republic of Bulgaria, upon the proposal of the Supreme Judicial Council. The Chairmen of the Supreme Court of Cassation and the Supreme Administrative Court, the Chief Prosecutor, and the Director of the National investigation Service shall receive a base monthly salary equal to 90 per cent of the remuneration of the Chairman of the Constitutional Court. www.bild.net /legislation/docs/1/state10.html   (12700 words)

ФАС России | Decision of the Arbitration Court of Cassation Instance   (Site not responding. Last check: 2007-10-20) The «Kirovenergo» OJSC challenged this Ruling and addressed a cassation appeal to the Federal Arbitration Court of the Volga-Viatka District. Under Article 110 of the Arbitration Procedure Code of the Russian Federation the state fee for the cassation appeal in the amount of 1000 Rubles is to be charged on «Kirovenergo» OJSC. Expenses on state duty for cassation the cassation appeal are to be charged on the «Kirovenergo» Open Joint Stock Company. www.fas.gov.ru /english/3148.shtml?print   (812 words)

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