DOCSLIB.ORG

Appendix to Petition

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Appendix to Petition APPENDIX i TABLE OF CONTENTS – APPENDICES Appendix A (Opinion of the United States Court of Appeals for the Second Circuit sitting en banc, Nov. 2, 2009) ............................... 1a Majority Opinion ......................................... 5a Dissenting Opinion of Judge Sack ............ 54a Dissenting Opinion of Judge Parker....... 125a Dissenting Opinion of Judge Pooler........ 157a Dissenting Opinion of Judge Calabresi .. 173a Appendix B (Opinion of the United States Court of Appeals for the Second Circuit, Jun. 30, 2008) ..................................................... 195a Majority Opinion ..................................... 200a Dissenting Opinion of Judge Sack .......... 276a Appendix C (Opinion of the United States District Court for the Eastern District of New York, Feb. 16, 2006) ........................................... 335a Appendix D (Torture Victim Protection Act of 1991, Public Law 102-256 Stat 73, 28 USC § 1350).................................................... 427a ii Appendix E (Excerpts of the Foreign Affairs Reform and Restructuring Act of 1998, Public Law 111-125, 8 USCS § 1231.............................. 431a Appendix F (Excerpts of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) ....................................................... 434a Appendix G (Complaint with Exhibits)............. 438a Complaint ................................................ 438a EXHIBIT A: Syria – Country Reports on Human Rights 2002: Dated March 31, 2003.................................................... 473a EXHIBIT B: Remarks by the President, November 6 2003 ..................................... 527a EXHIBIT C: Various News Articles........ 544a EXHIBIT D: Final Notice of Inadmissibility (Oct. 7, 2002).................. 581a EXHIBIT E: Transcript of CBS News Sixty Minutes II “His Year in Hell” ........ 591a 1a APPENDIX A – ENTERED November 2, 2009. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Civil Action No. 06-4216-cv 585 F.3d 559 Decided: November 2, 2009, As Amended November 5, 2009. As Amended December 23, 2009. MAHER ARAR, Plaintiff-Appellant, v. JOHN ASHCROFT, Attorney General of the United States, LARRY D. THOMPSON, formerly Acting Deputy Attorney General, TOM RIDGE, Secre- tary of Homeland Security, J. SCOTT BLACKMAN, formerly Regional Director of the Regional Office of Immigration and Naturalization Services, PAULA CORRIGAN, Regional Director of Immi- gration and Customs Enforcement, EDWARD J. MCELROY, formerly Dis- trict Director of Immigration and Natu- ralization Services for New York District, and now Customs Enforcement, ROBERT 2a MUELLER, Director of the Federal Bu- reau of Investigation, John Doe 1-10, Federal Bureau of Investigation and/or Immigration and Naturalization Service Agents, and JAMES W. ZIGLAR, for- merly Commissioner for Immigration and Naturalization Services, United States, Defendants-Appellees. Arar's complaint alleges violations of the Tor- ture Victim Protection Act ("TVPA") and the Fifth Amendment. The District Court dismissed the com- plaint. Id. at 287-88. A three-judge panel of this Court unanimously held that: (1) the District Court had personal jurisdiction over Thompson, Ashcroft, and Mueller; (2) Arar failed to state a claim under the TVPA; and (3) Arar failed to establish subject matter jurisdiction over his request for a declaratory judgment. Arar v. Ashcroft, 532 F.3d 157 (2d Cir. 2008). DAVID COLE (Maria Couri LaHood, Jules Lobel, Katherine Gallagher, on the brief), Cen- ter for Constitutional Rights, New York, NY; Joshua S. Sohn (on the brief), DLA Piper US LLP, New York, NY, for Plaintiff-Appellant. JONATHAN F. COHN, Deputy Assistant At- torney General (Gregory G. Katsas, Assistant Attorney General; Benton J. Campbell, United 3a States Attorney; Larry Lee Gregg, R. Joseph Sher, Dennis C. Barghaan, Assistant United States Attorneys; Mary Hampton Mason, Jer- emy S. Brumbelow, U.S. Department of Jus- tice, Civil Division, Torts Branch; Barbara L. Herwig, Robert M. Loeb, Michael Abate, U.S. Department of Justice, Civil Division, Appel- late Staff, on the brief), for Defendant- Appellee John Ashcroft, the official capacity Defendants-Appellees, and the United States. JEREMY A. LAMKEN (John J. Cassidy, Ja- mie S. Kilberg, Paul J. Nathanson, on the brief), Baker Botts L.L.P., Washington D.C.; Stephen L. Braga (on the brief), Ropes & Gray L.L.P., Washington D.C., for Defendant- Appellee Larry D. Thompson. Robin L. Goldfaden, American Civil Liberties Union Foundation, Immigrants' Rights Pro- ject, San Francisco, CA, for Amici Curiae American Civil Liberties Union and New York Civil Liberties Union in support of Plaintiff- Appellant. Burt Neuborne, New York, NY, for Amici Cu- riae Norman Dorsen, Helen Hershkoff, Frank Michelman, Burt Neuborne, and David L. Shapiro, in support of Plaintiff-Appellant. Michael B. De Leeuw, Dale E. Ho, Jonathan J. Smith, Fried, Frank, Harris, Shriver & Jacob- 4a son LLP, New York, NY, for Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in support of Plaintiff- Appellant. Sidney S. Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Amici Curiae Retired Federal Judges in sup- port of Plaintiff-Appellant. Nancy Morawetz, New York University School of Law, New York, NY, for Amici Curiae Law Professors in support of Plaintiff-Appellant. Alexander Yanos, Freshfields Bruckhaus Der- inger US LLP, New York, NY, for Amicus Cu- riae Redress Trust in support of Plaintiff- Appellant. Before: JACOBS, Chief Judge, McLAUGHLIN, * CALABRESI, CABRANES, POOLER, SACK, ** SO- TOMAYOR, *** PARKER, ** RAGGI, WESLEY, * Senior Circuit Judge McLaughlin was a member of the initial three-judge panel that heard this appeal and is therefore eligible to participate in in banc rehearing. See 28 U.S.C. § 46(c)(1). ** Senior Circuit Judges Calabresi, Sack, and Parker, who assumed senior status during the course of in banc pro- ceedings, are entitled to participate pursuant to 28 U.S.C. § 46(c)(2). *** The Honorable Sonia Sotomayor, who was originally a member of the in banc panel and who participated in oral argument, was elevated to the Supreme Court on August 8, 5a HALL, and LIVINGSTON, Circuit Judges. KATZMANN, Circuit Judge, took no part in the con- sideration or decision of the case. JACOBS, C.J., filed the majority opinion in which MCLAUGHLIN, CABRANES, RAGGI, WESLEY, HALL, and LIVINGSTON, JJ., joined. CALABRESI, J., filed a dissenting opinion in which POOLER, SACK, and PARKER, JJ., joined. POOLER, J., filed a dissenting opinion in which CALABRESI, SACK, and PARKER, JJ., joined. SACK, J., filed a dissenting opinion in which CALABRESI, POOLER, and PARKER, JJ., joined. PARKER, J., filed a dissenting opinion in which CALABRESI, POOLER, and SACK, JJ., joined. Appeal from a judgment of the United States District Court for the Eastern District of New York (Trager, J.) dismissing Plaintiff-Appelant Maher Arar’s complaint against the Attorney General of the United States, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and others, including senior immigration officials. Arar alleges that he was detained while changing planes at Kennedy Airport in New York (based on a warning from Canadian authorities that he was a 2009. 6a member of Al Qaeda), mistreated for twelve days while in United States custody, and then removed to Syria via Jordan pursuant to an inter-governmental understanding that he would be detained and inter- rogated under torture by Syrian officials. The com- plaint alleges a violation of the Torture Victim Pro- tection Act ("TVPA") and of his Fifth Amendment substantive due process rights arising from the con- ditions of his detention in the United States, the de- nial of his access to counsel and to the courts while in the United States, and his detention and torture in Syria. The district court dismissed the complaint (with leave to re-plead only as to the conditions of detention in the United States and his access to counsel and the courts during that period) and Arar timely appealed (without undertaking to amend). Arar v. Ashcroft, 414 F. Supp. 2d 250 (E.D.N.Y. 2006) . A three-judge panel of this Court unanimously held that: (1) the District Court had personal juris- diction over Thompson, Ashcroft, and Mueller; (2) Arar failed to state a claim under the TVPA; and (3) Arar failed to establish subject matter jurisdiction over his request for a declaratory judgment. Arar v. Ashcroft, 532 F.3d 157 (2d Cir. 2008) . A majority of the panel also dismissed Arar's Bivens claims, with one member of the panel dissenting. Id. The Court voted to rehear the appeal in banc. We now affirm. We have no trouble affirming the district court's conclusions that Arar sufficiently alleged per- 7a sonal jurisdiction over the defendants who chal- lenged it, and that Arar lacks standing to seek de- claratory relief. We do not reach issues of qualified immunity or the state secrets privilege. As to the TVPA, we agree with the unanimous position of the panel that Arar insufficiently pleaded that the al- leged conduct of United States officials was done un- der color of foreign law. We agree with the district court that Arar insufficiently pleaded his claim re- garding detention in the United States, a ruling that has been reinforced by the subsequent authority of Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007) . Our atten- tion is therefore focused on whether Arar's claims for detention
Load more

Recommended publications
  • The Protection of Human Rights in the Decisions of the Italian Supreme Court of Cassation
    St. John's Law Review Volume 70 Number 1 Volume 70, Winter 1996, Number 1 Article 9 The Protection of Human Rights in the Decisions of the Italian Supreme Court of Cassation Hon. Antonio Brancaccio Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Symposium is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE PROTECTION OF HUMAN RIGHTS IN THE DECISIONS OF THE ITALIAN SUPREME COURT OF CASSATION HON. ANTONIO BRANCACCIO" INTRODUCTION Over the last few decades, countries of common law and civil law traditions have undergone a process which has brought them closer together. This process can be traced back to the common conviction that law does not consist merely of complex, abstract norms, but rather of decisions made in applying these norms. In other words, it is the decisions of the courts which constitute the law in force. Thus, any understanding of the protection of hu- man rights requires reference to the decisions of judges who are called upon to decide cases in which this protection is challenged at both the international and national levels. At the national level, the decisions of supreme courts take on particular importance. I would like to refer briefly to the deci- sions of the Italian Supreme Court of Cassation concerning the fundamental question of the direct effect of international sources on the protection of human rights in my country.
    [Show full text]
  • Information Note on the Court's Case-Law No
    Information Note on the Court’s case-law No. 144 August-September 2011 Ullens de Schooten and Rezabek v. Belgium - 3989/07 Judgment 20.9.2011 [Section II] Article 6 Administrative proceedings Criminal proceedings Article 6-1 Fair hearing Refusal by supreme courts to refer a preliminary question to the European Court of Justice: no violation Facts – Refusal by the Court of Cassation and the Conseil d’Etat to refer questions relating to the interpretation of European Community law, raised in proceedings before those courts, to the Court of Justice of the European Communities (now the Court of Justice of the European Union) for a preliminary ruling. Law – Article 6 § 1: The Court noted that in its CILFIT judgment*, the Court of Justice of the European Communities (“the Court of Justice”) had ruled that courts and tribunals against whose decisions there was no judicial remedy were not required to refer a question where they had established that it was not relevant or that the Community provision in question had already been interpreted by the Court of Justice, or where the correct application of Community law was so obvious as to leave no scope for any reasonable doubt. The Court further reiterated that the Convention did not guarantee, as such, any right to have a case referred by a domestic court to another national or international authority for a preliminary ruling. Where, in a given legal system, other sources of law stipulated that a particular field of law was to be interpreted by a specific court and required other courts and tribunals to refer to it all questions relating to that field, it was in accordance with the functioning of such a mechanism for the court or tribunal concerned, before granting a request to refer a preliminary question, to first satisfy itself that the question had to be answered before it could determine the case before it.
    [Show full text]
  • Constitutional Courts Versus Supreme Courts
    SYMPOSIUM Constitutional courts versus supreme courts Lech Garlicki* Downloaded from https://academic.oup.com/icon/article/5/1/44/722508 by guest on 30 September 2021 Constitutional courts exist in most of the civil law countries of Westem Europe, and in almost all the new democracies in Eastem Europe; even France has developed its Conseil Constitutionnel into a genuine constitutional jurisdiction. While their emergence may be regarded as one of the most successful improvements on traditional European concepts of democracy and the rule of law, it has inevitably given rise to questions about the distribution of power at the supreme judicial level. As constitutional law has come to permeate the entire structure of the legal system, it has become impossible to maintain a fi rm delimitation between the functions of the constitutional court and those of ordinary courts. This article looks at various confl icts arising between the higher courts of Germany, Italy, Poland, and France, and concludes that, in both positive and negative lawmaking, certain tensions are bound to exist as a necessary component of centralized judicial review. 1 . The Kelsenian model: Parallel supreme jurisdictions 1.1 The model The centralized Kelsenian system of judicial review is built on two basic assu- mptions. It concentrates the power of constitutional review within a single judicial body, typically called a constitutional court, and it situates that court outside the traditional structure of the judicial branch. While this system emerged more than a century after the United States’ system of diffused review, it has developed — particularly in Europe — into a widely accepted version of constitutional protection and control.
    [Show full text]
  • The Reality of EU-Conformity Review in France
    Syracuse University SURFACE College of Law - Faculty Scholarship College of Law Summer 7-26-2012 The Reality of EU-Conformity Review in France Juscelino F. Colares Case Western Reserve University School of Law, [email protected] Follow this and additional works at: https://surface.syr.edu/lawpub Part of the Law Commons Recommended Citation Colares, Juscelino F., "The Reality of EU-Conformity Review in France" (2012). College of Law - Faculty Scholarship. 66. https://surface.syr.edu/lawpub/66 This Article is brought to you for free and open access by the College of Law at SURFACE. It has been accepted for inclusion in College of Law - Faculty Scholarship by an authorized administrator of SURFACE. For more information, please contact [email protected]. The Reality of EU-Conformity Review in France ∗ Juscelino F. Colares "Il ne peut y avoir égalité devant la loi, s'il n'y a pas unité de la loi."1 "The operation of a double system of conflicting laws in the same State is plainly hostile to the reign of law."2 French High Courts embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU- conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes.
    [Show full text]
  • Administrative Justice in Europe
    ADMINISTRATIVE JUSTICE IN EUROPE - ROMANIA REPORT - • INTRODUCTION (History, purpose of the review and classification of administrative acts, definition of an administrative authority) 1. Main dates in the evolution of the review of administrative acts The separation principle has its origins in the Organic Rules (1831, 1832), and has been afterwards established by the Developing Statute of the Paris Convention (1864) as well as the provisions of the Constitutions from 1866, 1923, 1938. Started for the first time in Romania by the Law for founding the State Council from 11th of February 1864, the Law on Administrative Disputes had a remarkable historical evolution, with changes from one political regime to another, determined by the changes that have interfered in the history of our country. The legislation established, initially, the system of the special administrative jurisdiction, then the system of the common competent courts and in matter of administrative disputes, with certain peculiarities in a period or another, but it also mentioned the judge administrator system. This explains why, in the administrative doctrine, in the substantiation of the notion administrative dispute there could not been made an abstraction concerning the aspects regarding the activity of the administrative body with jurisdictional character. After the Revolution from December 1989, the enactment of some special bills (Law no. 29/1990 on Administrative Disputes, replaced by the Law no. 554/2004 on Administrative Disputes) had the role of making from the administrative dispute an effective way to control the legality of the activity of the public administration (executive authority) by the specialized judicial court – the Administrative and Tax Litigations Chamber of the High Court of Cassation and Justice, the Administrative and Tax Litigations Chambers of the Courts of Appeal and of the tribunals – courts that are part of the judicial system.
    [Show full text]
  • Court Precedent – the Estonian Approach
    Court Precedent – the Estonian Approach Presentation at the conference "Court Precedent – the Baltic Experience" Vilnius, 15 September 2016 Introduction In my short presentation I will try to give you an overview of the nature and role of the court precedent in the Estonian legal order. It must be asked, as a preliminary point, what do we actually have in mind when talking about court precedent (or judge-made law) in the context Continental European legal system? In 1998, an act was passed in Estonia by which the decisions of the Supreme Court were deemed to be a source of criminal procedural law. Also according to the current Code of Criminal Procedure (Section 2 subsection 4) the sources of criminal procedural law are decisions made by the Supreme Court in issues that are not regulated by other sources of criminal procedural law but which arise in the application of law. It must be noted that in other areas of the law the Estonian legislator has not recognised the decisions of the Supreme Court explicitly as a source of law. Let it also be mentioned that aspects of EU and international law (primarily ECHR practice), which in reality have an impact on the activities of national courts in the interpretation and development of the law, will not be considered in the following presentation. Court precedent – inevitable and necessary The constitutional principle of a state based on the rule of law involves legal certainty, among other things. According to Supreme Court practice, legal certainty in the most general sense, means that the law serves the purpose of creating order and stability in the society.1 In the continental legal system, it is known that laws are of crucial importance in ensuring legal certainty.
    [Show full text]
  • Teisejų Taryba Lithuania
    Response questionnaire project group Timeliness Teisėjų Taryba (Lithuania) 1. The Court System and Available Statistics 1.1. The Court System A court system of the Republic of Lithuania is made up of courts of general jurisdiction and courts of special jurisdiction. Courts of general jurisdiction. The Supreme Court of Lithuania (1), the Court of Appeal of Lithuania (1), regional courts (5) and district courts (54) are courts of general jurisdiction dealing with civil and criminal cases. A district court is first instance for criminal, civil cases and cases of administrative offences (assigned to its jurisdiction by law), cases assigned to the jurisdiction of mortgage judges, as well as cases relating to the enforcement of decisions and sentences. A regional court is first instance for criminal and civil cases assigned to its jurisdiction by law, and appeal instance for judgements, decisions, rulings and orders of district courts. The Court of Appeal is appeal instance for cases heard by regional courts as courts of first instance. It also hears requests for the recognition of decisions of foreign or international courts and foreign or international arbitration awards and their enforcement in the Republic of Lithuania, as well as performs other functions assigned to the jurisdiction of this court by law. The Supreme Court of Lithuania is the only court of cassation instance for reviewing effective judgements, decisions, rulings and orders of the courts of general jurisdiction. These courts also hear family, labour and other civil cases, because there are no other courts established special for these cases. The regional courts, the Court of Appeal and the Supreme Court of Lithuania have Civil and Criminal Divisions.
    [Show full text]
  • The Filtering of Appeals to the Supreme Courts
    NETWORK OF THE PRESIDENTS OF THE SUPREME JUDICIAL COURTS OF THE EUROPEAN UNION Dublin Conference November 26-27, 2015 Farmleigh House Farmleigh Castleknock, Dublin 15, Ireland INTRODUCTORY REPORT The Filtering of Appeals to the Supreme Courts Rimvydas Norkus President of the Supreme Court of Lithuania Colloquium organised with the support of the European Commission Colloque organisé avec le soutien de la Commission européenne I. Introduction. On the Nature of Appeal to Supreme Court Part VIII of the Constitution of 3rd May 1791 of the Polish–Lithuanian Commonwealth, the first constitution of its type in Europe, stated that the judicial authority shall not be carried out either by the legislative authority or by the King, but by magistracies instituted and elected to that end. The Constitution also mentioned appellate courts and the Supreme Court. The Constitution did not address in any way filtering of appeals. However, even long before the Constitution of 1791 was adopted, the Third Statute of Grand Duchy of Lithuania, approved in 1588, forbid to appeal intermediate decisions of lower courts to the Supreme Tribunal of the Grand Duchy. Later laws of the Grand Duchy have even established a fine for not complying with this provision. Thus the necessity to limit a right of application to Supreme Court was understood and recognized by a legal system of Lithuania long ago. Historical sources and researches reveal to us now that one of the main reasons why this was done was in fact huge workload of a superior court and delay that was not uncommon in those times. It could take ten or more years to decide some cases before the Supreme Tribunal of the Grand Duchy.
    [Show full text]
  • A Comparison of the American and French(–Inspired) Appellate Model
    A COMPARISON OF THE AMERICAN AND FRENCH(–INSPIRED) APPELLATE MODEL Tesis Submitted as Partial Fulfilment of the Requirements for the Degree of Master of Judicial Studies by Frederic BLOCKX Both the American and the French legal system have a three-tiered strucure. However, the respecive roles and funcions of the courts on each step of the ladder is vastly different in both. Whereas the general system in the U.S. is to have one trial court and two ‘higher’ courts (a court of appeals and a supreme court), the French / European continental system consists of two ‘facual’ courts (the basic level and the court of appeals), and one ‘legal’ (the supreme court) with limited or even inexistent possibilities to look at the facs. Te purpose of this thesis is to look at these two models of division of labor between the three tiers through the lens of (i) the procedural leeway each of the courts has and (ii) their focus on fac or law, in funcion of what questions can be raised in appeal and have to be answered by the courts. We will add Germany to the comparison, as (i) the strucure of its court system was inspired by the French, but (ii) has evolved over the years and has been recently (2002) over- hauled specifically as to appeals, both to the second level of courts and to the supreme court. We will do so by examining the avenues open for the parties in filing an appeal as well as for the courts in adjudicating those. It will be clear that the distinc philosophies regarding the appellate systems have influence on the entire organization of the different court systems.
    [Show full text]
  • Teilnehmerverzeichnis List of Participants Liste Des Participants I
    Zusatzpublikation - Amtsblatt EPA Supplementary publication - Official Journal EPO Publication supplémentaire - Journal officiel OEB 5/2015 Teilnehmerverzeichnis List of participants Liste des participants I. Richter und Vertreter von I. Judges and representatives of I. Juges et représentants des Patentämtern patent offices offices de brevets a) Vertragsstaaten des EPÜ (a) Contracting states to the EPC a) États contractants parties à la CBE AL Albanien Albania Albanie Alina Kristani Altin Shkurti Judge, Tirana District Court Judge, Tirana District Court AT Österreich Austria Autriche Sonja Michlmayr Monika Millet Richterin, Handelsgericht, Wien Richterin, Handelsgericht, Wien Manfred Vogel Hofrat, Oberster Gerichtshof, Wien BE Belgien Belgium Belgique Martine Regout Conseiller, Cour de Cassation, Bruxelles BG Bulgarien Bulgaria Bulgarie Lyubka Stoyanova Juge, Vice-Président de la Cour administrative, Sofia CH Schweiz Switzerland Suisse Dieter Brändle Tobias Bremi Präsident, Bundespatentgericht, St. Gallen Zweiter hauptamtlicher Richter, Bundespatentgericht, St. Gallen Christina Kiss Martha Niquille Bundesrichterin, Bundesgericht, Lausanne Bundesrichterin, Bundesgericht, Lausanne CY Zypern Cyprus Chypre Costas Pamballis Judge, Supreme Court of Cyprus, Nicosia DE Deutschland Germany Allemagne Klaus Bacher Klaus Grabinski Richter am Bundesgerichtshof, Karlsruhe Richter am Bundesgerichtshof, Karlsruhe Johannes Karcher Thomas Kühnen Richter am Bundespatentgericht, München Vorsitzender Richter am Oberlandesgericht Düsseldorf Beate Schmidt Elke
    [Show full text]
  • Evidence in Civil Law – Romania
    © Institute for Local Self-Government and Public Procurement Maribor All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retriveal system, without permission in writing from the publisher. Title: Evidence in Civil Law – Romania Author: Sebastian Spinei First published 2015 by Institute for Local Self-Government and Public Procurement Maribor Grajska ulica 7, 2000 Maribor, Slovenia www.lex-localis.press, [email protected] Book Series: Law & Society Series Editor: Tomaž Keresteš CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana 347(498)(0.034.2) SPINEI, Sebastian Evidence in civil law - Romania [Elektronski vir] / Sebastian Spinei. - El. knjiga. - Maribor : Institute for Local Self-Government and Public Procurement, 2015. - (Lex localis) (Book series Law & society) Način dostopa (URL): http://books.lex-localis.press/evidenceincivillaw/romania ISBN 978-961-6842-56-3 (epub) 281129984 Price: free copy This project has been funded with support from the European Commission. This publication reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Evidence in Civil Law – Romania Sebastian Spinei Evidence in Civil Law – Romania 1 SEBASTIAN SPINEI ABSTRACT This study is offering a review of the most important institutions of the Romanian law of evidence: the fundamental principles of civil procedure, as well as the general principles of evidence taking; an analysis of the various means of evidence, and of the rules regarding the taking of evidence; some specific issues such as the unlawful evidence, the costs, language and translation in the process of the taking of evidence, are also examined.
    [Show full text]
  • The French Legal System
    The French legal system Judicial system 3 Administrative courts 7 Training of judges and personnel in the justice system 8 The criminal proceedings 10 Juvenile Justice system 11 Sentence application and prison system 13 Judicial System Constitution and institutional system The fifth French Constitution was promulgated on October 4, 1958. The Constitution is the highest norm in the internal hierarchy. The Constitutional Council in 1971 cited the Constitution’s Preamble and the Declaration of the Man and of the Citizen (1789) as texts included in the Constitutional Principles. Moreover, the Fundamental Principles of the Republic expressed by the Constitutional Council and the Environment Charter of 2004 are also part of the “constitutional block”. The Constitution can be amended either by the French congress (joint session of both chambers of Parliament) or by referendum. The French Constitution was fondamentaly changed Constitutional Council members are appointed for nine on 23 July 2008 by the constitutional revision bill of years (three every three years). Three are appointed by modernization of the institutions of the Fifth the President of the Republic, three by the President of Republic. All branches of Government are affected the Senate and three by the President of the National by this reform. First, the exercise of the Executive Assembly. Former Presidents of the Republic are ex power is modified. The revision puts an end to the officio life members of the Constitutional Council. ambiguous diarchy between the President of the Republic and the Prime Minister. Indeed, it The 1958 Constitution establishes a Democracy recognises the supremacy of the President of the based on the Separation of Powers.
    [Show full text]