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France: Council of State Acknowledges Responsibility of French State in WWII Deportation of Jews

(Mar. 2, 2009) On February 16, 2009, the French Council of State, France's highest administrative court, issued an advisory opinion on the responsibility of the French State in the deportation of Jews resulting from anti-semitic persecution during World War II. The Paris Administrative Court had sought the Council's opinion to rule on a reparation claim […]

France: Prohibition on Blood Donation by Gay Men

(Feb. 4, 2009) France's Minister of Health recently signed a regulation increasing the maximum age for donating blood to 70 from 65. The regulation also reiterates the prohibition on blood donations by gay men. During an interview, the Minister of Heath justified her decision by stating: [T]he epidemic data cannot be contested: between 10 to […]

France: Fight Against Terrorism

(Jan. 13, 2009) Law 2008-1245 of December 1, 2008, prolongs the application of articles 3, 6, and 9 of Law 2006-64 of January 23, 2006, on Combating Terrorism and on Various Provisions Concerning Security and Borders Controls, which was passed by the French Parliament following the London bombings of July 2005. These three provisions were […]

France: Reform of the Criminal Investigation System

(Jan. 13, 2009) On January 7, 2009, during his address to the Cour de Cassation, France's highest judicial Supreme Court, President Nicolas Sarkozy confirmed his wish that investigating judges no longer lead criminal investigations in France; if his wish is fulfilled, it would end a 200-year-old tradition. Investigating judges are specifically designated to investigate serious […]

Brazil; France: Agreements on Defense Include Transfer of Technology

(Jan. 5, 2009) On December 22, 2008, Brazilian President Luiz Inácio Lula da Silva and French President Nicolas Sarkozy signed several agreements in the area of defense during Sarkozy's visit to Rio de Janeiro. The agreements include the purchase of helicopters, the construction of submarines (including a nuclear-propelled one), and the transfer of technology to […]

France: Constitutional Council Validates Option to Retire at Age 70

(Dec. 18, 2008) On December 11, 2008, France's Constitutional Council ruled on the constitutionality of several provisions of the 2009 Law on the Financing of Social Security. Determination of the constitutionality of laws in France takes place before their promulgation. The Law had been referred to the Council by socialist members of Parliament. The most […]

France: Competition Authority Ordinance

(Dec. 4, 2008) Law 2008-776 on the Modernization of the Economy, which was passed by the French legislature on August 4, 2008, established a new single competition authority, the Autorité de la concurrence.The creation of the Competition Authority was recently implemented by Ordinance 2008-1161 of November 13, 2008. The Ordinance sets forth the investigation powers […]

France: Bank Support Plan

(Oct. 23, 2008) The French Parliament recently passed Amended Law 2008-1061 of October 16, 2008, on Finances to Fund the Economy, aimed at restoring trust in the French banking and financial system and guaranteeing the good functioning of the economy. The measures adopted reflect the action plan devised by the Member States of the European […]

France: Law on Environmental Liability

(Oct. 7, 2008) Law 2008-757 of August 1, 2008, on environmental liability, transposes Directive 2004/35/EC of the European Parliament and of the Council of April 21, 2004, on the prevention and remedying of environmental damage. The Law also implements articles 3 and 4 of the Environmental Charter contained in the Preamble of the 1958 Constitution, […]

France; Gabon: Gabonese President Ordered to Pay Restitution

(Oct. 6, 2008) On September 29, 2008, a court of appeal in Bordeaux, France, confirmed a June 2007 ruling ordering Omar Bongo, the President of Gabon, to return €457,347 (about US$654,000) to the son of a French company director. This ruling is enforceable even if a further appeal is initiated. The company director, Rene Cardona, […]