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26 March 2009 / Michael L Nash
Issue: 7362 / Categories: Opinion
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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 this course of action. The origin of this particular judge

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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