Introduction

Common provisions for proceedings with and without mandatory representation

Notice of appeal in cassation

Exchange of pleadings and documents

Proceedings with mandatory representation

Notice of appeal

Role of court clerk

Prerequisites

Review procedure

Judicial review in civil matters

Proceedings without mandatory representation

Concept of referral for opinion

Prerequisites for referral

Role of court seeking opinion of Court of Cassation

Role of the Court of Cassation

Procedure

Referral for opinion

Withdrawal

Recusal

Claim of forgery

Removal from the register

Cross-appeal (pourvoi incident)

Incidents

Concept of review (contrôle)

Extent of review

Grounds for appeal to the Court of Cassation

Review by Court of Cassation

Proceedings before the Court of Cassation

4. Proceedings before the Court of Cassation

Pursuant to Article 983 of the Code of Civil Procedure, “the provisions of this chapter apply to appeals in matters for which a special provision exempts the parties from the requirement of representation by a lawyer at the Council of State and the Court of Cassation.” This provision echoes the principle of mandatory representation, except in certain cases, as set out in Article 973. According to the European Court of Human Rights, when the appellant in cassation has not requested legal aid to obtain representation by a specialized lawyer, they have not thereby waived the benefit of the guarantees of an adversarial procedure. Thus, while the specificity of the procedure before the Court of Cassation may justify reserving the monopoly of speaking to specialized lawyers, it cannot justify denying access to the submissions of the Advocate General on procedural grounds that ensure the right to a fair trial before this court.

8. Proceedings without mandatory representation