The effectiveness of the procedure of requesting the opinion from the French Court of Cassation

Author

Member of the Technical Office of the Court of Cassation

Abstract

The Egyptian legislature recognized the burden on the Court of Cassation of increasing appeals, and therefore has continued its attempts to ease this burden by several legislative changes in the procedure for the application of the appeal, its consideration and adjudication. But the practical reality and daily statistics suggest that appeals are increasing daily in the Court of Cassation because they are a natural reaction from the plaintiffs. This search aims at reaching the best solutions.
This research aims at reaching the best innovative solutions to ease this burden. This is through quoting a procedural system in force in the French judicial system that requires a request to take the opinion of the French Court of Cassation in certain legal matters so that judges can interpret the law and apply the texts in advance, thereby reducing the amount of appeals received by the Court of Cassation and thereby achieving justice.
In order to clarify the best solutions, it is necessary to compare the appeal system with cassation in French law as it is the historical source of the first, and one of the innovative ways to mitigate the severity of several appeals before the French Court of Cassation is the procedures for requesting the opinion of the Court of Cassation in legal matters from the trial court so that judges can have the correct application and legal interpretation For the text, which benefits the litigants with the knowledge of the opinion of the Court of Cassation in advance, if one of them appealed the cassation appeal.
The aim of that system in French law is to limit the number of appeals circulating before the French Court of Cassation, and statistics have proven that the number of appeals in cassation has been reduced to more than half due to the legal opinion poll of the Court of Cassation and the consequent knowledge of the litigants' legal opinion in the case. Perspective. In addition to the consequences of publishing the legal opinion to the rest of the courts to be required

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