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  1. 3 Studia Iuridica

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  1. 1 Charruault C.

  2. 1 Sanetra W.

  3. 1 van Rhee R.

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  1. 3 2019

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The Supreme Cassation Courts of the Netherlands (Hoge Raad der Nederlanden)

100%
van Rhee R.
Studia Iuridica
|
2019
|
vol. 81
140-143
EN
The text presents the development of the Dutch Supreme Cassation Court from the early 19th century onwards. The Court adopted the French model of cassation, which is reflected in two types of cassation proceedings: ordinary cassation appeals and cassation in the interest of the uniform application of the law. The text offers an outline of the organisation of the court, status of the Dutch Supreme Cassation Court’s judge as well as the layout of the Court’s chambers. Interestingly, although administrative matters are generally excluded from the Court’s scope of competence, an exception to this rule has been made for tax cases, which are examined by one of the Court’s chambers (the so-called “fiscal or tax chamber”). Additionally, the text not only discusses the question of influx of cases and duration of proceedings, but also presents comparative data with regard to each chamber of the court. The author also touches upon the system of consultations in each chamber, which positively affects the uniformity of the Court’s jurisprudence.
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La Cour Suprême et ses fonctions dans le système judiciaire polonaise

100%
Sanetra W.
Studia Iuridica
|
2019
|
vol. 81
103-122
EN
The author asserts that the organization of judicial system in each country is a result of a long evolution triggered by political, economic, social and cultural developments. The Polish Supreme Court was created in 1917, but its current shape is an outcome of changes initiated in 1990s, most notably the entrance into force of the new Polish Constitution in 1997. The author analyses the notion of judicial power by juxtaposing a functional approach and a structural approach. Next, he remarks that the most important function of the Polish Supreme Court is to ensure the uniformity of jurisprudence by examining cassation complaints. Among other functions of the Supreme Court, the author enumerated examination of electoral protests, declaring the validity of elections of executive and legislative authorities, stating the validity of national referendums. The author emphasized that some specific duties of the Supreme Court are stipulated not only in the Constitution, but also in other legal acts. By presenting a wide range of attributes bestowed upon the Supreme Court, the author also invoked the duty of examining complaints against the excessive length of the proceedings, complaints for declaring a final judgment contrary to law, the appellate measures in disciplinary cases involving judges, prosecutors and legal advisors as well as appellate measures against the decisions of the National Judiciary Council. In addition to it, the author hinted at the Supreme Court’s obligation to control acts adopted by the authorities of self-governing bodies of attorneys, notaries, legal advisors and bailiffs. The author comes to the conclusion that the Supreme Court in Poland cannot be described as a typical cassation court. Although its principle role is to examine cassation complaints with a view to ensure uniformity of jurisprudence and its conformity with law, it also fulfils many other functions that are of great significance for the legal order in Poland.
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Le pourvoi en cassation en matière civile

100%
Charruault C.
Studia Iuridica
|
2019
|
vol. 81
87-102
EN
The author analyzed the structure of cassation proceedings in France. He remarked that the French Cassation Court does not examine the dispute, but the judgment which was issued as a result of the proceedings in a specific case. He claims that the function of the cassation proceedings, as well as the role of a cassation judge is special for several reasons. Most importantly, cassation consists in overruling a judgment. The legal interpretation and the justification of the grounds of such a ruling bear more similarity to doctrinal considerations rather than a purely judicial verdict. The text also presents the organisation of the French Cour de cassation by describing the composition of each chamber, their scope of competence, the tasks of the president of the court as well as the overall day-to-day functioning. The author asserts that the organisation of the court reflects its main endeavour, namely to assure the uniformity of the jurisprudence. Additionally, he puts an emphasis on the relation between the selection mechanism of cassation cases and the Cassation Court’s ability to efficiently fulfill its role. The author argues that such mechanisms do not infringe on Article 6 (1) ECHR. Next, the author proceeds to describe an outline of the court session at the Cour de cassation, including the role of judges, parties to the proceedings, as well as the scope of examination of a cassation and the possible outcomes that come into play. The author concludes his considerations by analysing the extent to which the French cassation court may control the constitutionality of legal provisions and juxtaposing it with solutions adopted in some other European countries.
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