Title: The Court of cassation and the juridical European construction

Date: 01/08/2007

Subject: In France the Court of Cassation has issued the 2006 Report focused on "The Court of Cassation and the juridical European construction". On the website of the Court (http://www.courdecassation.fr/) the following documents can be found:  Foreword by Denys Simon, Professor of the Réunion University  The contribution of the Court of Cassation to the juridical European construction: Europe of Law, Europe of Judges  The trial's common principles 2.1.1.The structure of the civil trial; 2.1.1.1. Organisation and functioning of the Courts; 2.1.1.2. The access to the Judge; 2.1.1.3. The necessity of impartiality; 2.1.1.3.1. The Impartiality of judges; 2.1.1.3.2. The gathering of evidence by an expert; 2.1.1.4. The course of procedures; 2.1.1.5. The exercise of jurisdictional control; 2.1.1.5.1. The civil and criminal procedures; 2.1.1.5.2. The Law on the practices against competition; 2.1.1.5.2.1. The sanctions applied by the Council for competition; 2.1.1.5.2.2. The procedures related to sanctioning; 2.1.1.5.2.3. The principle of procedure's autonomy; 2.1.1.6. The application of the European Rules on judicial competence and on transfer of judgements; 2.1.1.6.1. The clauses attributing judicial competence; 2.1.1.6.2. The notion of European suit pendency; 2.1.1.6.3. The first requested Jurisdiction; 2.1.1.6.4. The first application of Council Regulation 1346/2000 (29 May 2000) concerning Procedures on Insolvency; 2.1.2. The structures of trial on criminal matters; 2.1.2.1. The Right to have the case examined by a "repressive" Judge; 2.1.2.2. The Judge's capabilities; 2.1.2.3. The guarantees of the trial  The fundamental common Principles The respect of the Principles; the limits to the communitarian Liberties; the development of common regulations; the Custom Law; the Competition Law; the law on consumerism; the Law on labour; the incidence of the Delocalisation on labour contracts; the safety and health of the workers; the common Principles stemming from the European Convention for the Protection of Human Rights and Fundamental Freedoms; the Principle of Legality and quality of the Law; the Principle of Legality and the notion of "penalty"; the Principle of proportionality

Original language: French

Classification: Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Art. 47 Justice: remedy - Justice: effective - Right to an effective remedy before a tribunal - Independent and impartial tribunal - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties - Art. 52 Scope of guaranteed rights - Correspondence to rights guaranteed by the european convention for the protection of human rights and fundamental freedoms

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