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Topic: Court of Cassation


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Law

In the News (Wed 9 Dec 09)

  
  Court of Cassation (Belgium) - Wikipedia, the free encyclopedia
The decision of the new court may again be appealed to the Court of Cassation.
In this case, if the earlier decision of the Court of Cassation is confirmed, the case is brought before a third court at the same level as the one which judgement was overturned, but this time the decision of the Court of Cassation is binding on points of law.
Occasionally the Court of cassation requests the opinion of the European Court of Justice with respect to the laws of the European Union or of the Court of Arbitration of Belgium with respect to issues of the constitutionality of laws.
en.wikipedia.org /wiki/Court_of_Cassation_(Belgium)   (653 words)

  
 Case Law in France - Court of Cassation - Equal Employment Opportunities
The Court stated that the wage of a pregnant employee, whose dismissal was declared void, could not be reduced because of the allowance that she might have been granted by the social security or the unemployment agencies.
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.
In its decision, the Court adopted the interpretation of the European Court of Justice in a judgement on 30 April 1998 in the case Caisse nationale d’assurance vieillesse des travailleurs salariĆ©s (CNAVTS) v.
www.ilo.org /public/english/employment/gems/eeo/law/france/cl_cc.htm   (1625 words)

  
 Greece - Judgments of the European Court of Human Rights
The Court held that these points could not justify their apprehension about the impartiality of the Court of Cassation and the fairness of the proceedings, and concluded that the allegation concerning the partiality of the Court of Cassation was unsubstantiated.
The Court also noted that there was a period of inactivity of approximately three years and ten months between the date when the case file was transferred to the court of appeal and the first adjournment of the appeal hearing, caused by strike action by court staff.
The Court also held that the same was true for the 14-month delay resulting from the adjournments of the appeal hearing in 1995, which were due to industrial action by the clerks of the court and the failure of a prosecution witnesses to appear.
www.hri.ca /fortherecord2000/euro2000/vol2/greeceechr.htm   (5231 words)

  
 Belgium - Judgments of the European Court of Human Rights
The Court of Cassation had jurisdiction to try the case because one of the applicants, Mr Coëme, was a government minister at the time when the alleged offences were committed.
The Court noted that in its judgment of 5 April 1996, the Court of Cassation had found Mr Coëme and Mr Hermanus guilty of, among other matters, forgery and uttering forgeries, which are classified as crimes by the Criminal Code.
The solution adopted by the Court of Cassation had been based on its case-law to the effect that laws modifying the rules on limitation were to be regarded in Belgium as legislation on matters of jurisdiction and procedure.
www.hri.ca /fortherecord2000/euro2000/vol2/belgiumechr.htm   (760 words)

  
 Court system in Ukraine   (Site not responding. Last check: 2007-10-21)
The Courts of General Jurisdiction include: (i) local courts, (ii) courts of appeal, (iii) The Court of Appeal of Ukraine, (iv) Court of Cassation, (y) Higher specialized courts, (yi) The Supreme Court of Ukraine.
The party who is not satisfied with the decision of the court of appeal or the lowest court may file a cassation to the Supreme Court of Ukraine or to the High Commercial Court if the case was heard by a regional commercial court.
The enforcement of court awards in Ukraine is performed as a rule by the district departments of the State Enforcement Office acting on the basis of the Law of Ukraine On Enforcement Process.
www.murs.com.ua /investment/courts_ukraine.html   (446 words)

  
 Al-Ahram Weekly | Egypt | Selective submission
Opposition members of parliament are expressing dissatisfaction over the government's response to Court of Cassation reports declaring invalid the results of the 2000 parliamentary elections in two Cairo districts.
The court said that a major irregularity had occurred in that contest, adding that the Interior Ministry, rather than Ghali, was responsible for the irregularity because it had failed to implement a ruling issued by the Administrative Court ahead of the elections held on 8 November.
The latter court ordered that the name of Mostafa El-Nahhas be removed from the list of candidates running in the district on the basis that El-Nahhas was illiterate, and had thereby failed to meet one of requirements of standing for election.
weekly.ahram.org.eg /2003/651/eg5.htm   (861 words)

  
 Jurisdictional Functions - High Court of Cassation and Justice of Romania   (Site not responding. Last check: 2007-10-21)
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)

  
 Eurpoean Comm., VACHER v. FRANCE
It was unnecessary for Court to rule on complaint of a violation of the principle of equality of arms between applicant and prosecution.
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 Court notes that, as is apparent from its judgment in the Melin case, it reached the conclusion that there had been no violation having regard to the very special circumstances of that case.
www.hrcr.org /safrica/arrested_rights/vacher_france.html   (1971 words)

  
 Court of Cassation (France) - Wikipedia, the free encyclopedia
The Court of Cassation (Cour de cassation in French) is the main court of last resort in France.
The decisions of the court are extremely brief, citing the facts of the case, the relevant codal or statutory texts and a statement of the decision; there is no ratio decidendi or reasoning included in the judgment to guide in the interpretation of the decision, as is typical in common law jurisdictions.
Additionally, the courts of France may request the opinion of the European Court of Justice with respect to the laws of the European Union.
en.wikipedia.org /wiki/Court_of_Cassation_(France)   (1919 words)

  
 Corte costituzionale della Repubblica italiana - Composizione
Chairman of Division of the Court of Cassation, born in Naples on 16 April 1933; elected by the Court of Cassation on 23 November 2001.
Chairman of Division of the Court of Auditors, born in Naples on 27 March 1936; elected by the Court of Auditors on 19 July 2002.
Chairman of Division of the Court of Cassation, born in Caserta on 10 September 1935; elected by the Court of Cassation on 7 November 2003.
www.cortecostituzionale.it /eng/lacortecostituzionale/composizione/composizione.asp   (488 words)

  
 Hetq Online   (Site not responding. Last check: 2007-10-21)
Judge Gayane Karakhanyan of the Court of First Instance of the Kentron and Nork-Marash Communities of Yerevan needed no laws or justifications to dismiss the associations complaint-the Mayor's Office's "vindication" was enough for her.
The Court of Cassation's acceptance of the appeal of the Investigative Journalists means that the verdicts of the other two courts were wrong; the journalists have scored a small, preliminary victory.
We would be extremely happy if the decision of the Court of Cassation were indeed a result of a 'spontaneous', unbiased and fair examination.
www.hetq.am /eng/court/0411-hetq.html   (375 words)

  
 Hetq Online   (Site not responding. Last check: 2007-10-21)
The Court of First Instance of the Kentron and Nork-Marash Communities of Yerevan has partially satisfied the claim of US citizen George Najarian, ruling to continue the criminal investigation into the case and to involve George Najarian as the aggrieved party.
The Court of Cassation may either uphold the decisions of the two lower courts, or send the case back to the Court of Review for adjudication by a new panel.
The Appeal of Cassation submitted by the General Prosecutor's Office is almost identical to the Appeal of Review submitted previously, with the same arguments, which were entirely and firmly rebutted in the Court of Review's decision on the appeal.
www.hetq.am /eng/court/0504-naj.html   (1054 words)

  
 Jordan - Government - The Judicial Branch
The civil courts exercise their jurisdiction in respect to civil and criminal matters in accordance with the law, and they have jurisdiction over all persons in all matters, civil and criminal, including cases brought against the government.
The strictly military courts of the martial law period have been abolished and replaced with a State Security Court, which is composed of both military and civilian judges.
The court tries both military and civilians and its jurisdiction includes offenses against the external and internal security of the state as well as drug-related and other offenses.
www.kinghussein.gov.jo /government4.html   (372 words)

  
 The Head Heeb: Sa'ad Eddin Ibrahim's day in court
Each of his previous trials was held in a special state security court and resulted in a seven-year prison sentence, but in the most recent appeal, the Court of Cassation cited procedural errors and contradictory testimony, and ruled that it would retry Ibrahim itself.
It is unusual for the Court of Cassation to function as a trial court, and the proceeding, which was held February 4, was less a trial than a re-examination of the evidence supplied at previous hearings.
The Court of Cassation, which has the stature to avoid many of the subtle manipulations that the Egyptian government exercises in the lower courts, has a long-standing reputation for independence.
headheeb.blogmosis.com /archives/014984.html   (300 words)

  
 UNDP-POGAR: Programme on Governance in the Arab Region: 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   (456 words)

  
 Al-Ahram Weekly | Egypt | 'The solution is dissolution'   (Site not responding. Last check: 2007-10-21)
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.
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.
The constitution, in their view, confines members of the judiciary to those who are acting as judges in courts of justice at different levels, not to mention judicial members of the State Council (including the administrative and supreme administrative courts) and the Supreme Constitutional Court.
weekly.ahram.org.eg /2003/641/eg7.htm   (657 words)

  
 Gulfnews: Husband has right to beat wife rules court of cassation
The Dubai Court of Cassation has ruled that a husband has the right to beat his wife in order to discipline her - provided that the beating is not so severe as to damage her bones or deform her body.
A married woman, who is the subject of such a case, has just been permitted by the court to divorce her husband.
The Court of Appeal, which made the ruling on the divorce, said this was the only way out since it was plain that they couldn't live together as one in the same house.
archive.gulfnews.com /articles/02/03/31/46020.html   (355 words)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
Pursuant to the Constitution, the Supreme Court of Cassation is the only one in the country which exercises supreme judicial supervision over the civil, criminal, military and commercial cases.
It is the last and final instance which may render its decision with a court act resolving a certain dispute whose second-instance decision has been appealed in accordance with the respective terms and procedure by a party to the case.
The Supreme Court of Cassation observes strictly that the Constitution be complied it; it refers matters to the Constitutional Court and will always do it when the fundamental law of the state has been circumvented or violated.
www.vks.bg /mm_00_en.html   (335 words)

  
 CEELI - Romania - Legal Information
The High Court of Cassation and Justice is the court of last resort in Romania, overseeing the correct and unitary application of laws by all the other courts.
The High Court of Cassation and Justice is organized in 6 divisions: The Civil and Intellectual Property Section, The Criminal Section, The Commercial Section, The Section for Administrative and Fiscal Cases, The Panel of 9 Judges and The Joint Sections.
Appeals from the Court of Accounts are heard first by the courts of appeal and then by the High Court of Cassation and Justice.
www.abanet.org /ceeli/countries/romania/legalinfo.html   (1656 words)

  
 Overview of the Constitutional Court of the Republic of Bulgaria   (Site not responding. Last check: 2007-10-21)
Composition of the CC The CC consists of twelve justices, one - third of whom are appointed by the President, one - third are elected by the National Assembly and one - third are elected by a joint meeting of the justices of the Supreme Court of Cassation and the Supreme Administrative Court.
Under the Constitution the Constitutional Court possesses the power to lift a justice's immunity or establish his actual incapacity to perform his duties by a secret ballot requiring a majority of at least two-thirds of the votes of all justices.
Subjects, competent to approach the CC The Constitutional Court does not act ex officio but on an initiative from not fewer than one-fifth of all members of the National Assembly, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court or the Chief Prosecutor.
www.bild.net /ccourt/overview.htm   (1239 words)

  
 BBC News | EUROPE | Italian court allows bottom patting
Italy's highest appeals court has ruled that a pat on the bottom is not sexual harassment, provided that it is "isolated and impulsive".
The Court of Cassation supported a decision overturning an earlier guilty verdict by a lower court against a public health agency manager accused by a female employee.
The court, which has the final say on all appeals except those related to the constitution, has drawn criticism in the past for its alleged sexism.
news.bbc.co.uk /1/hi/world/europe/1136861.stm   (348 words)

  
 BERGER v. FRANCE - 48221/99 [2002] ECHR 792 (3 December 2002)
The restrictive effect of that provision on a civil party's ability to appeal to the Court of Cassation derived both from the nature of the judgments of indictment divisions and from the role accorded to a civil action in a criminal trial.
38.  In conclusion, the applicant's right to a court as guaranteed by Article 6 § 1 of the Convention was not infringed as a result of the conditions imposed on her for the admissibility of her appeal to the Court of Cassation.
In that connection the Court agrees with the Government that a civil party cannot be regarded as either the opponent – or for that matter necessarily the ally – of the prosecution, their roles and objectives being clearly different.
www.worldlii.org /eu/cases/ECHR/2002/792.html   (2663 words)

  
 The Head Heeb: The Court of Cassation
In the era of the Khedive Ismail (1863-1879) French became the language of the court and soon the acquisition of French became the sine qua non for the class of rural elite that began to emerge at that time.
The Mixed Court system, established in 1876, was predominantly French inspired, with the result that not only did French become the language of litigation but also the corpus of law was largely based on French law and the Napoleonic code in particular.
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.
headheeb.blogmosis.com /archives/014836.html   (556 words)

  
 Gulfnews: Court of cassation suspends ruling on compensation
Last week, the Dubai Court of Cassation temporarily suspended the Court of Appeal's ruling because it was explained as 'a technical error'.
The Dubai Court of Appeal had earlier confirmed the primary verdict and ordered the company to compensate a UAE national, identified as M.Z., whose daughter took ill after consuming its baby food product.
The multinational company's lawyer Dr Habib Al Mulla appealed to the highest court to temporarily suspend the ruling, which contained an error, and wait until 'the error is rectified'.
archive.gulfnews.com /articles/06/01/31/10015369.html   (381 words)

  
 HIGGINS AND OTHERS v. FRANCE - 20124/92 [1998] ECHR 8 (19 February 1998)
In spite of acknowledging in its judgment of 22 March 1990 that the applicants’ doubts as to that court’s impartiality were legitimate, the Court of Cassation had throughout remained silent both as to the circumstances and as to the effects of its judgment on those proceedings since it had not ordered their transfer.
There is nothing in the Court of Cassation’s judgment of 22 March 1990 to indicate to the Court why the outcome in respect of the proceedings against BBC was different.
Papeete Court of Appeal ruled on the merits on 7 December 1989, having held that it was unnecessary to defer judgment pending the outcome of the application of 1 June 1989.
www.worldlii.org /eu/cases/ECHR/1998/8.html   (8203 words)

  
 Committee on Human Rights: Saad Eddin Ibrahim
Additionally, the court's written legal ruling, which was handed down on June 19, 2001, reportedly failed to address a majority of the defense arguments, to link the judges' decisions to points of law, and to show where adequate evidence for conviction was found.
The Court of Cassation had scheduled the appeal for temporary release to be heard on October 24, 2001.
Reportedly because of a backlog of cases at the Court of Cassation, the defendants' appeal requesting that their guilty verdict be overturned was delayed until December 19, 2001.
www7.nationalacademies.org /humanrights/Case_Information_Ibrahim.html   (3239 words)

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