Paris, From the Earliest Period to the Present Day; Volume 2Walton, William
History
Paris, From the Earliest Period to the Present Day; Volume 2
Walton, William
Paris (France) -- Description and travel; Paris (France) -- History
It can pronounce upon the decisions of all the tribunals of the
judiciary, properly so called, but cannot take cognizance of any
decision of administrative justice. The decisions of the military
tribunals can be brought before it only by non-military persons
appealing against the incompetence of the military jurisdiction in their
case. It can quash the decisions of Juges de Paix only when they exceed
their power. It cannot determine upon the decisions of voluntary
arbitrators, who are not considered as legal tribunals, nor upon
judgments which are not definitive and conclusive, or which have
acquired the authority of the famous _chose jugée_,--decision rendered.
The Cour de Cassation consists of a first President, three Presidents of
Chambers, forty-five Conseillers divided among the three chambers (of
Requêtes, Civil and Criminal), a Procureur général, six Avocats
généraux, a Greffier en chef, and four Greffiers. The Chambre des
Requêtes sits in judgment in all civil matters not excepted by some law,
if the appeal is admissible. In this case, it sends back, by a decision
the grounds of which are not given, the case to the Chambre Civile.
Otherwise, it rejects the appeal by a decree the grounds of which are
given. It renders judgment in electoral matters, and, within certain
limits, in various special affairs.
The Chambre Civile decides definitely upon all appeals received and sent
to it by the Chambre des Requêtes, it takes cognizance directly of
appeals in questions of expropriation for the public utility, of appeals
brought, in questions of law only, in civil matters, by the _procès
gallican_ before the Cour de Cassation; of appeals, when there are
grounds, in disciplinary matters.
The Chambre Criminelle decides directly upon appeals in affairs
criminal, _correctionnelle_, and of the police, upon demands for
revision in judicial decisions and transferrals from one tribunal to
another, in cases in which the legal powers have been exceeded and the
decisions are annulled under proceedings instituted by order of the
Minister of Justice. In certain cases, determined by the law, the three
Chambres are united in a solemn audience to sit as the Conseil Supérieur
de la Magistrature.
Public-domain text, read in full here on John Shaqi.
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