header-logo header-logo

26 March 2009 / Michael L Nash
Issue: 7362 / Categories: Opinion
printer mail-detail

A legal entente cordiale?

Michael Nash is heartened by the proposed cross-fertilisation of Anglo & French legal systems

President Sarkozy’s recent announcement that he is intending to abolish the old system of investigating magistrates in France should come as no surprise. This is because cross-fertilisation of the two great legal systems of the Western world, the Common Law and the Civil Law, is no new thing.

There are, however, some surprising aspects to the announcement, and there is a thinly veiled subtext to the whole exercise, calling into question the balance of executive, legislative and judicial powers. Sarkozy was trained as a lawyer, following in his mother’s footsteps, but only practised for two years. His heart was not in it, having been given already to politics. Now he is seeking to combine these two disciplines.

It was what the president considered to be a particular abuse of power by an examining magistrate (the juge d’instruction) who ordered the dawn arrest and detention of a newspaper executive in a minor libel case, that made the president decide on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll