United Nations Mission |
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Democratic Republic of the Congoportal |
The Court of Cassation (French : Cour de cassation) is the main court of last resort in the Democratic Republic of the Congo. [1] It has its seat in the Kinshasa Palace of Justice.
The Court judges final appeals with respect to the "normal" system of justice, excluding cases of administrative justice, which go before the Conseil d'État.
The court consists of 26 justices, organized into legislative and judiciary sections. Judges are nominated by the Judicial Service Council, a separate and independent body composed of judges from the lower courts and public prosecutors. [2] The first president of the Court of Cassation also sits on the General Assembly, which makes decisions on matters within the scope of the Supreme Council of the Judiciary (French : Conseil supérieur de la magistrature, CSM). [3] Per Congolese law, the compulsory retirement age for magistrates on the Court of Cassation is 70 years old.
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
In France, the Conseil d'État is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council, it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France.
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
French law has a dual jurisdictional system comprising private law, also known as judicial law, and public law.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The Constitutional Court of Turkey is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly". If necessary, it also functions as the Supreme Criminal Court to hear any cases raised about the President, Vice President, members of the Cabinet, or judges of the high courts. In addition to those functions, it examines individual applications on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities.
The Court of Cassation, officially called the Supreme Court of Appeals of the Republic of Turkey, is the last instance for reviewing verdicts given by courts of criminal and civil justice in Turkey.
The Supreme Court is the court of last resort in Serbia which reviews and possibly overturns previous rulings made by lower courts.
The Supreme Court of the Republic of Albania is the highest court of Albania and is the final court of appeals in the country's judicial system. It is composed of seventeen judges: the Chief Justice and sixteen Members.
Emmanuel-Janvier Luzolo Bambi Lessa is a politician in the Democratic Republic of the Congo. He was appointed Minister of Justice in the Muzito cabinet in October 2008.
The politics of France take place within the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
The Supreme Court of the Dominican Republic is the highest court existing in the Republic and is, therefore, the head of the judiciary in the country.
The Federal Supreme Court of Ethiopia is the highest court in Ethiopia. It was established by the Federal Democratic Republic of Ethiopia constitution in 1994 and is currently located in Addis Ababa. Article 78 of the Constitution establishes the judiciary and at the top is the FSC. By the Constitution, the Federal Supreme Court has "the power of cassation over any final court decision containing a basic error of law". In 2018, Prime Minister Abiy Ahmed appointed Meaza Ashenafi to be the first female president of the Federal Supreme Court. Solomon Areda Waktolla was appointed as Vice President of the Federal Supreme Court. Both were resigned by the Parliament on 17 January 2023, and replaced by Tewodros Mihret and Abeba Embiale as Chief Justice and Deputy Chief Justice of the Supreme Court respectively.
The Judiciary of Cambodia is independent from the rest of the government of Cambodia, as specified by the Cambodian Constitution. The judiciary follows civil law tradition, the instruction being entrusted to a judge and the prosecutors contenting themselves with requesting the application of the law.
The High Council of Judges and Prosecutors is a collegial body invested with a preponderant role within the framework of the administration of justice of the Principality of Monaco. The High Council of Judges and Prosecutors was instituted by the law n° 1364 of November 16, 2009 relating to the statute of the magistracy. In November 2018, the new members of the High Judicial Council have been introduced in their new functions, under the chairmanship of Laurent Anselmi, Director of Judicial Services.
Jurisdictional dualism in France is the separation of the French court system into two separate divisions, or "ordres", as they are called in French: the ordinary courts, and the administrative courts. The ordinary courts, also known as the judiciary order, handle criminal and civil cases, while the administrative courts handle disputes between individuals and the government. This dual system allows for a clear separation of powers and specialized handling of cases related to the actions of the government. The administrative courts are headed by the Council of State, and the ordinary courts by the Court of Cassation for judiciary law.