Article 126-5
The court is not obliged to refer a priority question of constitutionality involving, on the same grounds, a legislative provision already before the Cour de cassation or the Conseil constitutionnel.…
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Showing 1861–1870 of 66648 articles for “Art. Loi 2022-1499 of 1 December 2022”
The court is not obliged to refer a priority question of constitutionality involving, on the same grounds, a legislative provision already before the Cour de cassation or the Conseil constitutionnel.…
…he court registry shall notify the parties and the public prosecutor by any means and without delay of the decision ruling on the transfer of the priority question of constitutionality to the Cour de…
The arrangements for the hearing may be modified if there are serious reasons preventing the minor from being heard under the conditions initially laid down.
If the expert so requests, a copy of the judgment rendered in the light of his opinion shall be sent to him or handed to him by the court clerk.
Where the electronic signature enjoys a presumption of reliability, it is for the judge to say whether the evidence available to him justifies the reversal of that presumption.
The minor capable of discernment shall be informed by the person or persons exercising parental authority, the guardian or, where applicable, by the person or service to whom he or she has been entrus…
In the interests of the child, a report is made of the hearing. This record is subject to the adversarial process.
If the person responsible for hearing the minor encounters any difficulties, he or she shall refer the matter to the judge without delay.
The expert may be assisted in the performance of his mission by the person of his choice, who acts under his control and responsibility.
The application for authorisation of the prise à partie procedure shall be brought before the first president of the court of appeal within whose jurisdiction the judge concerned sits.
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