Colloquium "The European Court of Human Rights and French criminal law: a simple influence".

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  • Dates: March 16, 2018
  • Opening hours: 2:00 pm - 8:00 pm
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Friday, March 16, 2018 from 2 p.m. to 8 p.m.
Faculty of Law, bât. 1, amphi C
Target audience : law students, teacher-researchers, practitioners

 

As early as 1974, in view of the continuing Europeanization of the law, the nature of the relationship between the European Court of Human Rights and French criminal law raised a number of serious questions.
While the current President of the French Republic is campaigning for a stronger link between Europe and France, notably with the ratification of Protocol 16 establishing an opinion procedure before the C.E.D.H., the naysayers persist, even going so far as to consider that " The ECHR would have vandalized France's sovereignty".
So, while for some the Strasbourg court is a genuine tool for better guaranteeing human rights, for others it represents a disproportionate interference in our domestic law, thereby offending our most important principles.
There are many examples to illustrate the difficulty of knowing if, in fineFrench criminal law is simply influenced by, or subordinated to, the European Court, with the most famous case to date being that of police custody.
This symposium, organized by Professor Marie-Christine Sordino, Director of the Montpellier Criminal Law Team (EDPM-EMP), will take place at the University of Montpellier.UMR 5815 Dynamiques du droit) and Cécile Lefrançois and Clémence Vialatte, contract doctoral students at the University of Montpellier, will attempt to answer this persistent question as accurately as possible.
Through a series of in-depth reflections, the academics and magistrates will examine the characteristics of the relationship between French criminal law and the European Court, before looking at the latter's impact on our criminal law, at both substantive and procedural levels.
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