High Court of justice (France)

See also: High Court of justice

The High court has a capacity of jurisdiction policy of repression.

The High Court of justice was created in 1875 (IIIe République) to treat the charges of high treason towards the representatives of the State (President of the Republic, ministers). It is made up of members of Parliament of the two assemblies and is today named High court.

History

IIe Republic

IIIe Republic

A High court of justice exists in the Constitution of IIIe République, created by the laws of the February 16th and 24th 1875 (article 9: " the Senate can be made up in Court of justice to judge, either the President of the Republic, or the ministers, and to know attacks made against the safety of Etat."). It is expected that if the leaders of the State lets themselves go to the high treason, the Sénat organizes a court, heading High court of justice. Then Senators judge the faulty ones: President of the Republic, Ministers, senior officials. The High court of justice made up of is appointed which votes the charge, and of the senators which judge.

The High Court of justice of IIIe Republic, meets several times: General Baker (1889), Paul Déroulède (1899), Louis Malvy (1918), Joseph Caillaux (1919), Marcel Cachin (1923) and Raoul Péret (1931).

IVe Republic

Under the IVe Republic, it is made up of two thirds of deputies and a third of external personalities.

Ve République

The organization and competences of the High Court of justice are specified in the Constitution of 1958, in its title IX, supplemented by ordinance 59-1 of January 2nd, 1959 and the constitutional revision of July 23rd, 1993. It was qualified only in the event of high treason of the president of the Republic.

Under the Ve République, it is made up of 12 deputies and 12 senators (indicated at the time of their taking up the duties) It is seized following a vote of the Parliament. The committal for trial must be voted in terms identical to the open vote and absolute by the two rooms.

In 2002, a commission was joined together by Jacques Chirac (Commission April), which proposes the replacement of the term high treason by failure with its duties obviously incompatible with the exercise of its mandate .

A constitutional law of February 23rd, 2007 finally sees succeeding the High court of justice, a high court (meeting of the two assemblies) which pronounces the obviously incompatible failure envisaged by the commission April.

See too

Internal bonds

  • Penal statute of the President of the Republic

External bonds

  • the Senate, High Court of justice under IIIe Republic on the official site of the Senate

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