Efrasachin Judiciary
 | |
| Formation | 2020 |
|---|---|
| Country | Efransa |
| Head | The Baroness Soavet, Chief Judge |
| High Court of Justice | |
| Chief Judge | The Baroness Soavet |
| Supreme Appellate Tribunal | |
| Premier Tribune | Vacant |
| General Courts | |
| Directing Justice | Vacant |
The Judiciary of the Kingdom of Efransa (Efrasachin: Judiciale du Rouiame od Elfransa) is the court system of the Kingdom of Efransa. The entire judiciary is overseen by the Chief Judge of Efransa, who also presides over the High Court. The Judiciary is divided into the High Court of Justice and Inferior Courts, such as the General Courts or the Court of Chancery.
The Judiciary (specifically the High Court of Justice) was established by article VI of the Constitution, the Fourth Amendment allowed Parliament to adopt the Organic Law of the Judiciary, which established the Inferior Courts. It is the smallest branch of His Majesty’s Government.
History
The County Palatine of Maradia had the Court of Consuls as the de jure sole court of justice. No consuls were every appointed, and were never needed, as the County Palatine had only two citizens, the reigning King and the Duke of Arreau.
The Kingdom of Floeratia (Efransa_ established first its Court of Cassation, later renamed the Supreme Court of Cassation. The National Court was later established, along with Regional High Courts, Provincial Courts of Justice, and Tribunals of First Instance. The Baroness Soavet was named a judge during this period. The Iblusigonian Empire’s judicial system is known to be complex, but (excluding the Supreme Federal Court), little is known otherwise.
Tribarcas established a Supreme Court, Court of Appeals, and a High Court, sitting at final appeal, intermediate appeal, and trial level respectively. The entire Judiciary was overseen by the Chief Justice, then still The Baroness Soavet. Maradia’s sole court during the transitional government was the Court of Cassation, divided into Civil, Criminal, and Administrative Chambers, which inspired the modern HCJ.
Ludisirga and the Union of Efransa remained with the Baroness Soavet as Chief Justice, in Ludisirga as chief of the Supreme Judicial Council, and the Union as President of the Federal Court. The High Court of Justice was established by the 2020 Constitution on April 19, 2020. The other courts were established by the Organic Law of the Judiciary and the Fourth Constitutional Amendment on June 11 of the same.
High Court of Justice
The High Court of Justice was initially the sole court of justice, it has since become the court of final appeal. The High Court is presided by the Chief Judge of Efransa and consists of two Judges. The High Court sits at trial level, intermediate appeal level, and final appeal level, organized into the Chamber Courts, the National Court of Appeal Division, and the Court of Cassation Division.
Chamber Courts
The Chamber Courts are the Civil Chamber of Justice, the Criminal Chamber of Justice, and the Administrative Chamber of Justice. Each Chamber Court is overseen by a Judge, styled as Justice. The Chief Judge is appointed to the Administrative Chamber. The Justices are allowed to appoint up to six Commissioners of the Peace. The Justice appoints the Commissioners and themselves to each of seven Judicial Districts.
National Court of Appeal Division
Each Judge of the High Court is appointed to one of three Circuits in the National Court of Appeal Division. The First Circuit consists of Efrasaduro and New Gloucestershire. The Second Circuit is Pormalia, Monarra, Glenkill, and Maradia. The Province of Desozziyu and the Collectivity of Avienne are part of the Third Circuit. The Chief Judge is usually appointed to the First Circuit.
Court of Cassation Division
The High Court of Justice sitting en banc is considered the Court of Cassation Division, and hears appeals from both the National Court of Appeal Division and the Supreme Appellate Tribunal. The Court of Cassation Division is the final reviewer of all decisions. Only questions of constitutionality may be further appealed, to the Constitutional Council.
Supreme Appellate Tribunal
The Supreme Appellate Tribunal is one of two intermediate appellate courts, along with the National Court of Appeal Division. The Supreme Appellate Tribunal consists of three Tribunes of Appeals, who by practice rotate as Premier Tribune of Appeals. The Tribunes are assigned by the Chief Judge to the same Circuits as Judges of the National Court of Appeal.
Trial Courts
The Trial Courts are the General Courts and the Central Administrative Court.
General Courts
The General Courts serve as the civil and criminal courts of general jurisdiction. Each Province has a General Court overseen by a Justice. General Courts appeal to the Circuit Appellate Tribunal, and in some cases Chambers of the High Court. During civil proceedings, the General Courts are known as Courts of Session, while during Criminal proceedings they are known as Courts of Assizes.
Central Administrative Court
The Central Administrative Court hears cases of administrative dispute and conducts administrative hearings and trials. The Central Court is allowed special leave of appeal directly to the Court of Cassation Division. The Central Court also hears appeals from the Court of Chancery, the Supreme Court-Martial, etc.
Other Courts
Various other courts were established by the Organic Law of the Judiciary, and subsequent acts and royal edicts.
Court of Chancery
The Court of Chancery holds original jurisdiction over all cases involving tax, equity, and bankruptcy law. The Court of Chancery also hears cases involving audit disputes, and as such it technically can overrule the Government Audit Council, but rulings like those are often overturned by the Central Administrative Court. The justice of the Court of Chancery is titled as “Chancellor of the Court of Chancery”, as opposed to the traditional “Justice” term.
Supreme Court-Martial
The Supreme Court-Martial has original jurisdiction in cases involving military law and military service-members. The Commander of the Royal Army (or the Provost of the Royal Gendarmerie or Commandant of the Civil Guard when applicable) serve as Justice General of the Supreme Court-Martial. The Constable Advocate is the prosecutor of military laws, and is a soldier who must have a law degree. Private defense counsels and the People’s Defender can be military defense attorneys.
Family Court
The Family Court is vested original jurisdiction in divorce, child custody, and division of asset cases. The Family Court is the least active of the Courts, considering no marriages have been performed by the state, nor any children born to Efrasachinds. As such, no divorce cases or child custody situations have been adjudicated. The Family Court, along with the Surrogate’s Court and the Juvenile Court manage the Efrasachin social laws.
Juvenile Court
The Juvenile Court is a on-request court where minors can be tried. Most cases involving minors are done in the General or Chamber Courts, and few people request Juvenile Court hearings.
Surrogate’s Court
The Surrogate’s Court ensures the proper execution of last wills and testaments, and the transfer of the estate of a person to their next of kin.
Collectivity Courts
The Royal decrees establishing the Collectivities of Efransa also amend their Organic Law of the Judiciary to allow for Collectivity courts with limited jurisdiction determined by the Chief Judge. Examples of these courts include the Superior Court of Glenkill or the Princely Court of Monarra. Collectivity Courts appeal to the Chamber Courts.