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La responsabilité juridictionnelle

Abstract : Legally, responsibility is defined as the ability and the obligation to answer for one's actions and bear the consequences; in practice, establishing responsibility has two separate aims: the compensation of a loss and the sanction imposed on the party having caused the damage. We will observe that legal responsibility systems have been designed and organised for both purposes. These systems provide for the compensation of "damage caused by the defective functioning of justice" and/or the sanction of a judge personally at fault. However, recognition of the responsibility of the jurisdictional function itself remains vague, and can still be a taboo in the face of the traditional hue and cry it triggers, which mainly result from the safeguards attached to the jurisdictional office and the very quality of the jurisdictional act. Although the jurisdictional function itself contains a "risk factor" - legal hazard - one also has to admit it is sometimes exercised in ignorance of objective law. This is a reality which has been underlined by the European Court of Human Rights, among others, and which is surely detrimental not only to the parties involved, but also to the community as a whole.Therefore, admitting that "judgement may be passed and disputes settled" while - rather rarely, but definitely - ignoring the right to see the law obeyed raises the question of adding the sanction of a responsibility borne by the jurisdictio to the systems currently in use. So without questioning the validity of the judgement itself, we would have to establish to what extent and under what terms the judge's responsibility might emerge. Such responsibility would indeed be jurisdictional
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Jane-Laure Bonnemaison. La responsabilité juridictionnelle. Droit. Université Paul Verlaine - Metz, 2011. Français. ⟨NNT : 2011METZ005D⟩. ⟨tel-01749170⟩



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