Articles

France’s Commercial courts: a good example of the administration of justice by ordinary citizens

N. STOLOWY, M. BROCHIER

Journal of Business Law

2017, vol. 1, pp.1-22

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Accessto justice; Commercial law; Courts' powers and duties;France; Judges; Legal history


Commercial courts occupy a highly specific position in the French judiciary landscape, since their judges are elected.French commercial court judges are not members of the legal professions but business executives and tradespeoplechosen by their peers. This encourages a pragmatic view that takes into account the economic constraints faced by companies. InFrance, certain courts of first instance,such asthe commercial courts, delegate the function of judgment to ordinary citizens, whereas in most courts of first instance, and the appeal courts Cour d’appel and Cour de cassation, only full-time professional magistrates can rule on the cases brought before the court

Italy’s Gentle Revolution: The New Law on Same-Sex Partnerships

M. M. WINKLER

The Digest - National Italian American Bar Association (NIABA) Law Journal

2017, vol. 25, pp.1-31

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Italy; Constitutional Law; Human Rights; LGBT Rights

http://heinonline.org/HOL/LandingPage?handle=hein.journals/digst25&div=1&src=home


This Article comments the genesis and the content of the Italian law on civil partnerships between people of the same sex, enacted in May, 2016, and eventually entered into operation, together with a bunch of administrative regulations, in early 2017. As the last country of Western Europe to adopt such a law, the Italian law recognises civil partnerships for same-sex couples but presents several flaws in terms of equality and nondiscrimination based on sexual orientation

Thinking Justice Outside the Dock: A Critical Assessment of the Reform of the EU's Court System

A. ALEMANNO, L. PECH

Common Market Law Review

février 2017, vol. 54, n°1, pp.129-176

Départements : Droit et fiscalité, GREGHEC (CNRS)


The 2015 reform of the EU’s court system will go down in history as the most radical transformation of the EU judicial architecture since the establishment of the General Court in 1989. It entails not only the doubling of the number of General Court judges but also the dissolution of the Civil Service Tribunal. This article offers a critical assessment of these two major, structural changes, by focusing on both the process by which they were adopted and its overall merits. After providing a detailed examination of its tortuous legislative history and highlighting its unique underlying procedural feature – with the Court itself initiating the reform process -, this article identifies and systematises the major reform’s shortcomings. It criticises both the diagnosis underpinning the reform and the cure administered. It concludes by presenting this reform process as a missed opportunity to address, in a more holistic manner, the pressing non-docket related challenges faced by the EU judicial system and, in particular, to reform a governance structure which is no longer fit for purpose considering the massive transformation of the EU judicial branch since the CJ was first established in 1951


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