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What is the role of the court?
The Court of Cassation is the highest administrative court in the French and German legal systems. It performs the same role as the other courts: to interpret the decisions of the lower courts. The judge-rulers of the Court of Cassation are independent from the executive and legislative branches. They do not have to worry about the whims of the legislature or the wishes of the lower courts.
The purpose of the Court of Cassation is to settle inconsistencies in case law between the courts of appeal and the courts of final appeal. It also helps to bridge the chasm that still exists between the administrative and the judicial branches.
Once the appeal has been lodged with the Clerk’s Office at the Court of Cassation a statement of claim or surprise may then be lodged with the Court of Cassation. This is followed by a statement of claim or surprise from the parties. The statement of claim or surprise is accompanied by a filing fee which is borne by the respondent. The statement of claim or surprise is followed by an explanation of the law and the reasons for the respondent’s position. The document then heads to the Hearing Chamber which is comprised of a chairman and twelve trial judges. The presiding judge is appointed by royal decree.
