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As You Please by Citizen. Another perfect release from contemporary emo powerhouse Run for Cover records. No Spiritual Surrender by Inside Out. The Council of State has appellate jurisdiction over local election judgments from any of the 37 administrative courts. It acts as a final Court of cassation for decisions originating from any of the eight appellate administrative courts, meaning that it hears cases in which the plaintiff argues that the appellate court ignored or misinterpreted the law.
Should it decide that the original appellate court took the wrong decision, the Council of State will in most situations transfer the case to a different administrative court of appeal, to be re-judged.
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However, in the interest of swifter decision-making and correct interpretation of the law bonne administration de la justice ,  it also has the right to rule on the case without transfering it, thus acting as an appellate court in last resort jugement en dernier ressort. Like nearly all French courts, the Council's court system is inquisitorial , and proceedings are initiated by a statement of claim detailing the factual background of the case and why the appellent should be granted relief.
The Council then begins a formal investigation, asking the appellee, i. Burden of proof does not lie with the plaintiff; instead, the Council decides whether or not the appellent has cause to bring suit and whether the government was in error if information provided by the appellent is sufficient to locate previously undisclosed evidence.
Of course, both parties may submit additional pleadings and information until the case is ready for final judgment. The formation of judgement depends on the importance of the case, for the jurisprudence and the interest of the law. All of the formations belong to the Administrative Claims department.
The small cases without new legal issues are treated by one under-department sous-section. There are 10 under-departments. The more important cases are for the administrative claims department judgement formation Section.
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Only the very important cases, with hard, new and important legal issues are concerned. There are about between 20 and 40 cases per year into this high formation. This formation concerns the president of the ten under-departments, the three assistant-presidents of the administrative claims department and the president of the department plus the magistrate responsible of the investigation about the case, then 15 members. All the presidents of departments are there, under the presidency of the Vice-President of the Council of State.
Less than 10 cases per year are concerned. Although the procedure is written, one of the highlights of the judgement is the oral conclusions of the rapporteur public public magistrate , giving his personal vision of the case, totally impartial and free, on a pure legal point of view. The reading of the old conclusions is often useful to understand the mind of the judges and the reason of the solution given to the case precision: The lawyers use this possibility only for the major cases, when it is really useful e.
In some cases, there may be some confusion as to whether a case should be heard before an administrative law court or judicial court , in which case the Court of Jurisdictional Disputes, or tribunal des conflits , sat by an even number of State councillors and Supreme Court justices and chaired by the Minister of Justice, is convened to decide to whom the matter shall be vested. Exercising judicial review over almost all acts of the executive branch, the Council of State's judgments may be of considerable importance, often not for the actual case judged, but for its importance in shaping legal interpretation.
While France is a civil law country and there is no formal rule of precedent stare decisis , lower courts follow the jurisprudence constante doctrine with regard to the Council of State. The Council's major rulings are collected into law reports and commented on by scholars; the Council's official website carries a list of comments on important decisions.
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The Council has shaped its own legal doctrine which consists mostly of principles deduced from cases but incorporates considerable jurisprudence derived from statutes. Rulings are named for the moving parties appellents in the cases and under highly formal courtesy titles.
Men's names used to be preceded by Sieur , women's names by Dame or Demoiselle , and widows were referred to by their husband's name Dame veuve. The most important rulings are collected in a publication called "G. Bruno Genevois or Prosper Weil.
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The GAJA explains about rulings, from to now, and quotes several hundreds of other important rulings. From Wikipedia, the free encyclopedia. This article is about the French Council of State. For other Councils of State, see Council of State. Richard Ferrand Senate President: Presidential Legislative Municipal Political parties.
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Human rights Political scandals. Politics of France portal. This article may be expanded with text translated from the corresponding article in French. August Click [show] for important translation instructions. View a machine-translated version of the French article. Machine translation like Deepl or Google Translate is a useful starting point for translations, but translators must revise errors as necessary and confirm that the translation is accurate, rather than simply copy-pasting machine-translated text into the English Wikipedia.
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