Judgment Reviews Law at Wallis and Futuna (France)
The legal system of Wallis and Futuna, a French overseas collectivity, is a blend of French law and customary local laws ("coutume"). This dual system significantly influences how judgment reviews and judicial processes operate in the territory.
Here's a breakdown of the key elements:
French Legal System: As a part of the French Republic, Wallis and Futuna is subject to French national law, including its constitutional principles, civil law, criminal law, and administrative law. This means that the rules and procedures for judicial review are largely based on the French model.
Judicial Review (Administrative Law): In the French legal tradition, the highest administrative court is the Council of State (Conseil d'État). This body handles appeals and reviews of decisions made by administrative bodies. For Wallis and Futuna, the Council of State serves as the ultimate administrative authority. Judicial review in this context is a challenge to the lawfulness of a decision-making process by a public body, not a re-evaluation of the decision's merits.
Civil and Criminal Law: For civil and criminal matters, the highest court is the Court of Cassation (Cour de cassation). It is not an appeals court that re-hears cases, but rather a court that reviews the legal reasoning of lower court judgments to ensure they have been properly applied.
Local Courts and Customary Law: While French law applies broadly, Wallis and Futuna's legal system is unique due to the significant role of customary law.
Traditional Authority: The territory is divided into three traditional chiefdoms, each led by a king. These kings, along with their councils, administer justice according to customary law, particularly in non-criminal cases and matters related to land ownership, family disputes, and other social issues.
Tribunal of First Instance: There is a tribunal of first instance in Matâ'Utu, the capital, which generally administers justice under French law.
Court of Appeal: The court of appeal for Wallis and Futuna is located in Nouméa, New Caledonia.
The Right of Review: In the French civil law system, a right to review a judgment is a substantive right that allows for a re-examination of a decision under specific circumstances, such as the discovery of new evidence. The specific procedures and conditions for this are outlined in the French Civil Procedure Code.
Absence of Local Lawyers: It is important to note that, according to some sources, there are no private lawyers, notaries, or bailiffs in the territory, which indicates a reliance on the French legal system and its officials.
In summary, judgment reviews in Wallis and Futuna are governed by a hybrid legal system. While a significant portion of the law is based on the French civil and administrative codes, the local customary laws and institutions play a vital role, particularly in traditional and family matters. The ultimate judicial authorities for reviewing judgments are the French courts, including the Council of State for administrative matters and the Court of Cassation for civil and criminal cases.
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