Posts tagged with: "articles"
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2 Mar 2011, 2:35 pm
By the ruling 10-83204 of November 9th 2010, the French supreme court (Cour de cassation) released officially the information that Mr. H, a French scientist was arrested on October 8th 2009 at 6:05 at his home in Vienne (France). He was interrogated by police officers in the absence of his lawyer during a police custody which lasted 91h25. He was then detained under an arrest warrant issued by an investigating judge (art.122 of the code of penal procedure).
According to one of his family… [read post]
3 Feb 2012, 6:14 pm
On n/a, Ms. Fernandez was informed by a notice of December 15th 2006 that she was suspected of speeding at n/a on the road n/a in n/a on September 13th 2006 at n/a (art. R413-14 of the road code).
On n/a, she had to deposit €180 to get her non-guilty plea registered by the prosecutor (art.530 of the code of penal procedure).
On January 7th 2008, the applicant appeared in court without being able to get access to the prosecution file of evidence of her case. She was not assisted by a lawyer and… [read post]
29 Sep 2012, 9:32 pm
On April 19th 2010 at 12:15pm, Ms. Hoyos was placed in police custody for 24 hours in Monaco (art.60-4 of the code of penal procedure) under the control of the prosecutor general (art.60-1, 60-3). At 12:30pm, she requested to speak with a lawyer (art.60-9). Despite her request she was interrogated until her bar appointed lawyer arrived. After meeting with her lawyer, she was subject to a body search (art.60-2) and had her bag searched without her lawyer present. Then, she was further interrogated… [read post]
28 Feb 2011, 10:10 am
On October 22th 2008, Mr. Bertrand Rappaz was condemned to more than 5 years in jail for various offenses resulting from his activity as a farmer of marijuana. On March 2010, he was jailed at the prison des Iles in Sion.
A long time non violent and environment activist, he began an hunger strike to protest against the criminalization of the farming of marijuana and its lengthy sentence. Following a deterioration of his health, he made several requests for his sentence to be temporarily suspended for… [read post]
20 Jun 2011, 4:12 pm
On July 14th 1998, Mr. Claude Baudoin was arrested for “assault” on a hospital security guard and then detained on mental health ground by the order of the mayor of Bordeaux. On July 16th 1998, the prefect of Gironde ordered his mental health detention. He was detained in the special detention unit (UMD) of the hospital Cadillac.
On July 28th 1998, the applicant submitted a motion to be released. On May 30th 2002, the appeal court of Bordeaux rejected his motion. On February 14th 2004, the… [read post]
23 Jun 2010, 2:40 pm
On December 15th 2002, Ms. Yekaterina Popov arrived in France from Kazakhstan, to seek asylum. On June 10th 2003, her husband Mr. Vladimir Popov joined her. On January 20th 2004, they were denied refugee status by OFPRA. On May 31st 2005, their appeal to the CRR was rejected. On n/a another application for refugee status was made by the family.
On August 27th 2007, the applicants and their two children (five months and 3 years old) were arrested and detained in police custody on an investigation… [read post]
4 Oct 2010, 4:09 pm
On November 14th 2007, Mrs Rivet a citizen of Cameroon, wife of a French citizen, obtained from the prefecture of Charente a family reunification permit for her two children Rene and Leopoldine living in Cameroon. Leopoldine is suffering from chronic neurological problems. On November 27th 2007, the immigration agency transmitted the permit to the consulate of France in Doula.
On January 23rd 2008, the applicant applied for immigration visas for her two children. On June 6th 2008, the consulate… [read post]
3 May 2011, 1:42 pm
Ferreira v Portugal App No 41696/07 (21/12/2010) [Link is to judgment in French, the only available version. Update 4/5/2011 - link now works. Can't link properly to ECtHR site.] We're indebted to Legal Action's 'Recent Developments in housing law' for this one, not least because the European Court of Human Rights judgment is only available in French, and my legal French is a bit insuffisant. The translation is welcome… This is a very interesting judgment in respect of the Court's attitude to… [read post]
27 Nov 2011, 7:51 pm
In autumn 1977, Ms. Agnes Roux disappeared. On August 13th 1983, Mr. Maurice Agnelet was suspected of her “murder” by an investigative judge, following the criminal complain of the mother of Ms. Agnes Roux. On April 23th 1986, the investigation chamber of the appeal court of Aix en Provence, confirmed the decision of the investigative judge to close the investigation without charging any suspect. On February 1st 1988, the supreme court (Cour de cassation) rejected the appeal of the mother of Ms.… [read post]
12 Nov 2011, 5:57 pm
In 2004, Ms. A.Y arrived from Guinea to claim asylum. She alleged to have been detained, tortured and raped by military officers in 2003 due to her political activity in U.F.R party. In May 2005, she moved in with her partner a EU citizen from Netherlands. In 2006, she suffered an miscarriage which ended her pregnancy. On June 4th 2009, Ms. A.Y and her partner registered a civil partnership (PACS)with the intent to get married at a later date.
On May 2nd 2008, the national court of asylum (CNDA)… [read post]
1 Apr 2012, 9:57 am
The Residential Landlords Association appears to have got its collective knickers in a bit of a twist over proportionality. According to its press release and a report on 24dash, the RLA has suddenly decided that Powell v Houslow presents a dramatic threat to its private sector members (possibly triggered by our report on Khela v Dainter, heading to the Court of Appeal). Here is what the RLA have said: "At present landlords in the private rented sector are able to begin eviction proceedings based on… [read post]
22 Jun 2011, 3:15 pm
In France, more than 30,000 asylum seekers who have the right to be housed in special centers (CADA) are being denied this right in violation of article L348-1 of the social and family code and have to wait on average 13 months before being housed in these centers. Thousands of asylum seekers are then forced to homelessness with or without an allowance of €10,83 per day in violation of articles 13 and 14 of the European directive 2003/9/EC. They survive from food handout from charity… [read post]
7 Jun 2011, 11:11 am
We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the 'questions to the parties' stage of the European Court of Human Rights. Birch and Others v UK Application no. 26393/10 Birch arises out of possession proceedings brought by Bedfordshire DC on a property which had been leased, short term, to a housing association which had, in turn licences a co-op group to grant assured shorthold tenancies to occupiers on its behalf. The lease had been granted in 1993… [read post]
5 Oct 2011, 5:12 pm
In France in 2011 (5th republic), demonstrations are still regulated by the executive order of October 23rd 1935 of the president of council Pierre Laval (3rd republic), who was executed for “treason” on October 15th 1945 by a firing squad in the notorious prison of Fresnes.
Articles 1 and 2 of the the executive order require organizers of a demonstration to notify the prefect or the mayor of the reason, date, location and itinerary of the demonstration, 3 to 15 days before it should take… [read post]
11 Jan 2011, 1:11 pm
My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the 'Neighbours from Hell' one. You announce that you: will introduce a new additional mandatory ground for possession, so those tenants with a track record of anti-social behaviour can be evicted from their council or housing association property much more quickly. Ministers believe this will lead to a faster and fairer courts… [read post]
13 Dec 2010, 1:50 pm
Agnes Ofulue v the United Kingdom Application no. 52512/09 ECtHR This admissibility hearing was the culmination of a long, long story. We reported the Court of Appeal judgment and the House of Lords judgments. The very abbreviated history was that in 2005, the Ofulues had lost a possession claim for a property on the basis that the Bosserts, who had lived in the property since 1981, had gained title through adverse possession. The Ofulues appealed on the basis that the law on adverse possession… [read post]
8 Jul 2011, 2:48 pm
On July 12th 2007, the national council of bar in France (CNB) established in the decision JUSC0757656S the rules for lawyers in reporting confidential information to the government agency Tracfin. Tracfin is a national intelligence agency of the ministry of finance gathering information on money laundering and financing of terrorism.
On October 10th 2007, Mr. Patrick Michaud who is a lawyer in Paris, lodged his case to the administrative supreme (conseil d’etat) to annul the decision… [read post]
30 Sep 2011, 10:54 am
If you have been appointed the Guardian as per Article 81 you need to complete a Guardian training program. This can be done in a live classroom setting, via DVD or online. The Guardian Assistance Network, a program of the Unified Court System of the State of New York, now offers an online version of a court approved training course for non-professional guardians. Online Article 81 Lay Guardian Training Program By clicking the above link you will be taken to the registration page for the… [read post]
22 Oct 2010, 5:02 pm
French Polynesia is an overseas country of the French Republic. The coutry has its own president, ministers, national assembly, flag, currency, phone area code and is home to many local languages (Tahitian, Marquisian, Paumotu, Mangarevian) widely spoken by the population and authorized to be used in legal contract and business transaction (art. 57 law 2004-192). French is the language of the French Republic (art. 2 of the Constitution) and the official language of French Polynesia (art. 57 law… [read post]
21 Jul 2010, 11:52 am
Matter of Brian A. Herlihy v. Thomas P. DiNapoli, as State Comptroller
In this Article 78 case, the court reviewed a decision of the State Comptroller which denied the petitioner’s application for accidental disability retirement benefits.
In 1995, petitioner started working as a police officer for the Town of Bedford, Westchester County. From 2001 to 2005, petitioner sustained three work related injuries. In 2001, while lifting a speed trailer, petitioner felt a pop in his back. In 2002,… [read post]