The French Supreme Court’s Review Role
The French Supreme Court’s Review Role
The Respondent has emphasised that the French Supreme Court does not rule on the facts, but limits itself to the question whether “sufficient reasoning” has been given, and that reasons are “free from contradiction”, and that “the Court of Appeal had justified its decision without incurring the alleged prejudice”. This is reflected in the description (§32 above). I accept it. It was also the position in A and in Doga. It means the focus is on what was said by the Paris Court of Appeal (§31 above). The Supreme Court’s decision is significant for the appellate court’s decision whose legitimacy it reviewed and upheld.
- Heading
- FORDHAM J
- PART 2. THE ORIGINAL JUDGMENT
- Qualifying Curfew in UK and French Domestic Law
- Four Components
- A and Doga
- Expert Evidence and the Chance to Respond
- Further Information and a Reply
- Background
- Evidence Ventilated in Previous Cases
- A Sole Viable Point
- The Article 26/624 Mechanism
- Deprivation of Liberty
- Article 716-4 of the French Code
- “Detention” and ‘Exclusive Competence’ of the IJA
- Responsibilities of the EJA
- These EMCs are not a Deprivation of Liberty
- Restriction of Liberty
- Article 142-11 of the French Code
- The French Appellate Courts
- The French Supreme Court’s Review Role
- Qualifying Curfew and ‘Exclusive Competence’ of the IJA
- EMHA is an Evaluative Question
- Article 142-11 is a Duty
- Very Clear Cut
- The Evidence
- This Case
- Conclusion
- PART 3. THE RESPONDENT’S REQUEST
- Andrysiewicz
- The Request
- Injustice
- Very Clear-Cut
- Conclusions
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