France
In France, the principle of inalienability has its roots in the Ancien Régime.
Although the principle was abolished by the revolutionaries in 1789, it was re-introduced by the Court of Appeal in 1846, [1] and subsequently by the Court of Cassation and the Conseil d'Etat. [2] The principle of inalienability is now embodied in article L52 of the Code du Domaine de l’Etat and article L3111-1 of the Code Général de la Propriété des Personnes Publiques. [3]
Deaccessioning procedure
Under article L. 451-5 of the French Code du Patrimoine, the deaccessioning of state property will only be permitted after consent of the Commission Nationale Scientifique des Collections. [4] This procedure is, however, not available for goods that have been entered public collections through gifts and bequests. [5]
Derogations to the principle of inalienability
To permit the restitution of cultural goods and human remains without using the deaccessioning procedure, France has, on three occasions, enacted special laws. Thus, in April 2002, the French Parliament voted the restitution of Saartjie Baartman's remains held in the Musée de l'Homme in Paris to South Africa. [6] In 2012, the French Parliament authorized the restitution of the Maori Heads held in the Musée de Rouen to New Zealand. [7] In December 2020, France permitted the restitution of twenty-seven artifacts held in the Musée du Quai Branly—Jacques Chirac to Senegal and Benin.
The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions. It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention.
Joconde is the central database created in 1975 and now available online, maintained by the French Ministry of Culture, for objects in the collections of the main French public and private museums listed as Musées de France, according to article L. 441-1 of the Code du patrimoine amounting to more than 1,200 institutions.
French nationality law is historically based on the principles of jus soli and jus sanguinis, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.
An Établissement public à caractère administratif is, in France, a public law legal person with a certain administrative and financial autonomy to fulfil a mission of public interest under the control of the State or a local authority.
Agence des participations de l'État, created in 2004 under the government of Jean-Pierre Raffarin, is the French agency responsible for managing the State's shareholdings in companies of strategic importance. As of 2021, APE has €685.3 billion worth of assets under management, which includes investments in companies involved in energy, industry, defence, transport, communication and finance, among others.
Municipal elections in France allow the people to elect members of the City Council in each commune. These are called conseillers municipaux. They elect the mayor, who chairs the city council, as well as Deputies to the Mayor. The term of office of councilors, the mayor and his deputies is, in principle, six years.
In France, a municipal council is an elected body of the commune responsible for "executing, in its deliberations, the business of the town" (translated).
The Tribunal judiciaire de Paris, located at the Judicial Campus of Paris in Batignolles, is the largest court in France by caseload. It replaced the capital's former Tribunal de grande instance and Tribunal d'instance under an amalgamation of jurisdictions that came into effect on January 1, 2020.
Nathalie Bondil is a French and Canadian art historian and curator. She served as director general and chief curator of the Montreal Museum of Fine Arts from 2007 to 2020. Bondil joined the museum in 1999 and is the first woman to be the museum's director. In 2019, she was awarded the Legion of Honour.
In French law, the ministère public or le parquet is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to magistrats du siège. Its closest equivalent in some English-speaking countries is the director of public prosecutions and the attorney general in others.
TheCode pénal is the codification of French criminal law. It took effect March 1, 1994 and replaced the French Penal Code of 1810, which had until then been in effect. This in turn has become known as the "old penal code" in the rare decisions that still need to apply it.
Online access to legal information was implemented in France in 1999 and complemented in 2002. In that regard, France has been at the forefront of Open Data in Europe.
Museum of France is a title given to the main state museums in France. It was set up by a law of 4 January 2002, known as loi musée, now codified in the code du patrimoine. As of 1 January 2019, the list of Museums of France on Muséofile included 1,315 museums and 1,223 as of January 1, 2020.
The Restitution of African Cultural Heritage. Toward a New Relational Ethics is a report written by Senegalese academic and writer Felwine Sarr and French art historian Bénédicte Savoy, first published online in November 2018 in a French original version and an authorised English translation.
The National Museum of the Democratic Republic of Congo or MNRDC is a museum for the cultural history of the numerous ethnic groups and historical epochs of the Democratic Republic of the Congo in the capital Kinshasa. It was officially handed over to the Congolese government by representatives of the Republic of Korea in June 2019.
The COVID-19 pandemic in France has resulted in 39,614,530 confirmed cases of COVID-19 and 164,726 deaths.
Pierre Truche was a French magistrate. He notably prosecuted Klaus Barbie during his trial in 1987.
Jacques Billant is a French senior civil servant and current Prefect of Réunion.
The Ministry of Justice is a ministerial department of the Government of France, also known in French as la Chancellerie. It is headed by the Minister of Justice, also known as the Keeper of the Seals, a member of the Council of Ministers. The ministry's headquarters are on Place Vendôme, Paris.
Administrative police in France are French police tasked with preventing disturbances to the ordre public. and ensuring the public peace and preventing crime. Ordre public or public peace in a society includes public tranquility, safety and well-being. Two types of ordre public exist:
