The judge is a Magistrat charged to slice the litigations opposing of the parts, or litigants, who can be natural persons or communities covered by the law of the legal personality, said " personality morale" , within the framework of a procedure whose implementation constitutes the lawsuit.
See also: jurisdictional Organization (France)
Analyzing the facts and applying the relevant legal provision to them, the judge says the right ( jurisdictio ) in depending ( auctoritas ) the solution applicable among those discussed to contradictory of the parts (or: litigants ). Its sentence, called judgment in front of the courts and stop before the superior courts, decides ( imperium ) the parts to carry out the raised solution, with the need by the arm for the executive power required by the executory formula . By difference, the solution raised by referees, also said judges private , chosen by amicable agreement and freely by the parts, called award, if she says the right and presents also the character of decided thing ( imperium ), as act of private law does not allow the requisition of the police force held by the executive power: the award must for that be approved by a judge as a preliminary. This homologation consists in checking that the conditions of the jurisdictio , of the auctoritas and those of the imperium are met by the award. The judge then adds his signature to the executory formula of requisition affixed by the secretariat-Clerc's Office. This mention or executory formula does not enter the composition of sentence, but consists of an additional administrative act of articulation between the capacities, here legal and executive.
When the litigations result from infringement also to penally sanctioned rules, constituting the criminal law, or consist only of this category of infringements, the penal judge if it is seized records the possible culpability and decides sorrow then or exempts.
The French judges, in the Courts of Bankruptcy, can be general practitioners, called to sit indifferently and in parallel in civil courts or correctional, or to have more specialized functions: Judge with the family businesses, Judge of the children, Examining magistrate, Judge of the application of the sorrows (JAP) or Judge of authority sitting in a Magistrates' court.
The judging functions can be exerted by magistrates of a higher hierarchical row carrying the title of vice-president of Court of Bankruptcy: general practitioners, these magistrates chair the civil courts or correctional court; they can be in charge with the family businesses or the functions of Juge of freedoms and detention (JFD); specialized, they are called: vice-president charged with the children, vice-president in charge of the instruction, vice-president in charge of the application of the sorrows or vice-president charged with the magistrates' court. The president of the Court of Bankruptcy is also a judge of a higher row, just as the first vice-presidents who assist them sometimes.
The judges exerting at the Court of Appeal are advisers; they sit in rooms chaired by presidents of room, within a Court of Appeal directed by a first president. The functions of advisers, presidents of room and first president have the same denomination with the Court of appeal, which counts also public auditors, having a rank lower than that of the advisers but exerting the same functions.
There exist administrative judges in addition, ruling in the litigations with the administration, within an order of jurisdiction made up of the administrative courts, administrative courts of call and Council of State.
Moreover, in certain specialized fields, the judges are nonprofessionals elected to compose of the specialized jurisdictions: for example, advisers of conciliation board within the courts of arbitration as regards Law the labor or the consular judges within the bankruptcy courts as regards Commercial law, or the local judges, very recently instituted, charged with slicing the litigations of low importance.
Lastly, the members of the Constitutional council are usually regarded as judges in their role of control of the constitutionality of the Loi S.
In France, the judges and the public prosecutors are Magistrat S of the legal order, profiting from a common statute though differentiated.
In SwitzerlandIn certain cantons Suisse S, whose Geneva, the Peuple elects his judges and his general Procureur, if the number of the candidatures exceeds the places to be provided.
Within the framework of the military Justice, the judges are selected among the troop, the Sous-officier S and the Officier S. These three categories of soldiers must be represented. The Cour thus made up is chaired by a Magistrat which is also lawyer in the civilian. Only the president has a copy of the file: the other judges must forge their opinion at the time of the debates in front of the Tribunal. In general, none the judges is contractual or professional soldier, but they do all left the militia.
- Magistrate (France)
- Public prosecutor
- Public prosecutor (France)
- Separation of the capacities
- Definition on the site of the Ministry for justice (France)
- Guide “right and its trades”
- judges in Belgium on Wikinations.be
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