Query : Accès au juge
- Audibert, Matthieu2
- LÖHRER, Dimitri2
- Alexandra Borsari1
- Arnaud, Aurélie1
- Badir, Sémir1
- Beignier, Bernard1
- Binet, Jean-René1
- Bouya, Driss1
- Claeys, Cécilia1
- Daugareilh, Isabelle1
- Eglin, Muriel1
- Fandjip, Olivier1
- Gail, Marie-Agnès de1
- Geny, Vincent1
- Guéguen, Nicolas1
- Hersant, Jeanne1
- Jourdan-Marques, Jérémy1
- Lambert, Marie-Laure1
- Linglin, Emilie1
- Marty, Marie1
- History, Philosophy and Sociology of Sciences2
- Classical Studies1
- Economies and Finances1
The local urbanism plan to the test of the norms hierarchy
The Local Urbanism Plan (LUP) set, within the respect of the norms hierarchy, the using rules of the soil on his territory. This hierarchy is constituted by a number of norms and principles which kept growing more and more since it was decentralized. Even though they’re different, these norms are al...
The reforms of legal organization to the test of the right of access to the courts : contribution to a reconstruction in favor of the litigant
The right of access to the Courts is to provide litigants a concrete and effective access to judges in order to obtain a Court's decision. The State has to ensure such an access to the Courts in a way to better adress litigants' needs. However, the State's managerial vision on the national budget si...
Admissibility of evidence in the European criminal justice area
Admissibility of evidence is one of the most crucial and complicatedissues in the European Union’s area of freedom, security and justice. However, thedifficulties regarding the use of evidence gathered in one Member State inproceedings in another Member State through the mechanisms of judicialcooper...
National security disputes
In the strict sense of the term, there can be national security disputes in France only since our French law has accepted this new concept, namely from the rewriting in 2009 of the provisions of Article L. 1111-1 of the 1 Defence Code. Moreover, it is after that date that most of the most significan...
Decide “in full knowledge of the facts”? The difficult access to information for the parents of in-patient children
This text aims to propose a reflection on parents’ access to information at the hospital before the turning point of “health democracy” when a child falls ill, the decision to consult a doctor lies with his/her parents. At the hospital, volens nolens, parents must share a decision-making space with...
Preservation and access to metadata in the context of judicial investigations: towards a upheaval in French criminal proceedings?
national hearing Following its judgments since 2014, the CJEU continues to regulate legal arrangements relating to retention and now to access, for criminal purposes, to users’ location and traffic (metadata) data. The CJEU then sets out a number of guarantees linked to that access which undermine t...
The path to a fair: political memories, activist memories
Engaged lawyer, Robert Badinter found himself in a position to put his ideals into practice. His latest book, Les spines et les roses, published at Fayard (Paris, 2011) is the story of his career as Minister of Justice. This book thus raises questions about the relationship between written memories...
Managerial policies regulating access to justice or the spectrum of a short-sighted economy
Mediation of civil disputes in the European Union law of and its impact on French, English and Greek law
With regard to the Directive n° 52/2008CE of the European Parliament and the Council of 21 May 2008 in certain aspects of mediation in civil and commercial matters, as well as the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for...
Climate justice and environmental democracy — Inequalities in access to the right of people who are vulnerable to coastal risks — some comparators
Environmental democracy, promoted in particular by the Aarhus Convention (access to information, participation in public decisions and access to justice in environmental matters), faces economic and social inequalities on the ground. In particular, in terms of coastal risks in a context of climate c...
Between judicial exclusion and the activation of social justice: what place for the worker and his/her organisations?
Reflection and experience in Malebranch
The malebranchian concept of reflection must be distinguished from its conceptualisation by Descartes and its uptake by the empirical tradition of Locke or Condillac. This concept is deeply ambiguous and lies at the juncture of empirics and rationality. This reveals the truly empirical significance...
Auto-perception des inférences liées au traitement des informations non-verbales sur autrui : le cas de la construction du jugement chez des magistrats
Introduction À propos des descriptions « scientifiques » de la personnalité, Jean-Marc Monteil qui rassemble des conceptions théoriques des chercheurs en socio-cognition, avance ceci : « La structure de la personnalité d’un individu se situerait, plus probablement, dans la sphère cognitive de celui...
Personal and Family Law
3th National Audience Law The Personal and Family Law covers all matters covered by Book I of the Civil Code (Articles 7 to 515-13). There are many subjects, ranging from civil status records to dissolution of marriage through divorce, protection of the human body, conditions and effects of marriage...
The anger of the right
There is an ambiguous picture of Greek Antiquity about the feeling of anger, for which philosophers might be partly responsible. Anger is ubiquitous in imagination and ancient rhetoric, and Achille is the preferred figure. The Iliade, a poem of anger, is often read through a story that would require...
When justice requires
‘titrebSummary’/titreb Justice may impose care on perpetrators of criminal offences, whether minors or adults, as well as children in danger and their parents. Depending on the case, care is required to prevent repeat offending or to protect a child. They are also an opportunity for children to have...
A court sewn with white wire. The social test of victims in criminal justice in Chile (1991-2004)
This article focuses on the development of judicial evidence in Chilean inquisitory justice, where the status of victim does not exist. We would like to reflect on how to approach access to justice and ordinary penalty in Latin America, which are often overshadowed by the analysis of transitional ju...
Magritte and philosophers
L’œuvre de René Magritte est très populaire, c’est sûr. Pourtant, les théoriciens de la peinture affichent parfois à son égard un certain dédain. Mauvaise peinture, ose-t-on dire. Chacun en juge comme il l’entend… mais ces critiques ont-ils saisi l’intention attachée à cette œuvre ? Car un travail d...
Impecunious, access to the judge and jurisdiction of the arbitral tribunal
The Beuze v Belgium judgment is a regrettable counter-revolution?
the right recognised by the European Convention on Human Rights to any ‘accused’ to be effectively defended by a lawyer is one of the fundamental elements of a fair trial. Access to a lawyer must be granted from the first questioning of a suspect by the police, unless it is demonstrated, in the ligh...
“This is not a humanitarian visa”: The Court of Justice neutralises Article 25 (1) (a) of the Visa Code
A reading of the judgment in X and X v. Belgium cannot be dispensed with an account of the situation of the family which gave rise to the reference for a preliminary ruling made by the Belgian court. Judge rather: a Syrian couple and their three minor children live in an area of military clashes. Re...
Access to constitutional jurisdiction via the Iberian ombudsman
Human body and personal insurance
In that it is intimately linked to the person, the human body is a delicate entity which is the object of diverse protections. Amongst these figure personal insurances which, with their nature of precaution, play an important economic and social role that justifies easier access. This study aims to...
“Strengthening the conditions of access to a judge in the new French Code of Administrative Justice: the case of the preliminary decision ", RJO Revue Juridique de l’Ouest, Univ. Rennes 1, 2017, No 1, pp. 25-36
Referral to the Constitutional Council by way of exception
Reflections on the basis of the proposals of the Balladur Committee