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Halimi affair, or when the Court of Cassation becomes a machine for creating law

2021-05-05T03:03:26.117Z


Contrary to what it said after its decision on the Halimi case, the high court has ruled in many cases.


It creates law.

And it is even by this that we recognize it.

The Halimi affair leaves a feeling of unease among the best lawyers who follow the Court of Cassation.

And just as much among French litigants who have the feeling that the high court has discarded where it was expected.

"The judge can not distinguish where the legislator has chosen not to distinguish"

, she concluded laconically to exempt the murderer of Gisèle Halimi from trial.

To read also:

Murder of Sarah Halimi: "This denial of justice is a way of obscuring reality"

However, the affair comes at a time when this great judicial house is thinking intensely about its future role.

“She would like to establish herself as the Supreme Court, in particular by choosing her cases to rule only on the main principles of law and by abandoning subordinate problems.

How then can we claim to create law and at the same time disconnect from the citizen as it did in the Halimi affair

?

»

, Asks Jérôme Gavaudan, the president of the National Bar Council and specialist in labor law.

He recalls

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Source: lefigaro

All news articles on 2021-05-05

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