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Déclaration D'utilité Publique
A ''déclaration d'utilité publique'' (), or declaration of public utility, is a formal recognition in French law that a proposed project has public benefits. The declaration must be obtained for many large construction projects in France or its old colonies, especially for infrastructure, before work can begin. Process The first part of the declaration is a public inquiry, usually started by a prefect, to collect the views of all affected parties. Responses from affected parties are considered by a commissioner, who assesses whether the proposal has an overall benefit for the public. If the finding is favourable, the declaration is granted by decree. Legal basis The ''déclaration d'utilité publique'' was initially required by article 545 of the Civil Code, which stipulates that property cannot be confiscated except for public purposes and with fair compensation. Criticism The public inquiry, when it enables informed debate, is considered one of the means of participatory de ...
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French Law
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ...
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France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlantic, North Atlantic, the French West Indies, and List of islands of France, many islands in Oceania and the Indian Ocean, giving it Exclusive economic zone of France, one of the largest discontiguous exclusive economic zones in the world. Metropolitan France shares borders with Belgium and Luxembourg to the north; Germany to the northeast; Switzerland to the east; Italy and Monaco to the southeast; Andorra and Spain to the south; and a maritime border with the United Kingdom to the northwest. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea. Its Regions of France, eighteen integral regions—five of which are overseas—span a combined area of and hav ...
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Prefect (France)
A prefect (, plural , both ) in France is the State's representative in a Departments of France, department or Regions of France, region. Regional prefects are ''ex officio'' the departmental prefects of the regional Prefectures in France, prefecture. Prefects are tasked with upholding the law in the department they serve in, including controlling the actions of local authorities. Prefects are appointed by decree by the President of France when presiding over the Government of France, government's Council of Ministers, following a proposal by the Prime Minister of France, Prime Minister and the Minister of the Interior (France), Minister of the Interior. They serve at the government's discretion and can be replaced at any meeting of the Council of Ministers. To uphold the law, they are authorised to undertake a wide variety of actions, such as coordinating police forces, enforcing immigration rules, controlling authorities' finances, as well as suing local collectivities in the na ...
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Napoleonic Code
The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: Louisiana State University Press, 1981) he chaired many of the commission's plenary sessions, and his support was crucial to its enactment. The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world. The Napoleonic Code was not the first legal code to be established in a European country with a civil-law legal system; it was preceded by the ...
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Hervé Kempf
Hervé is a French masculine given name of Breton origin, from the name of the 6th-century Breton Saint Hervé. The common latinization of the name is Herveus (also ''Haerveus''), an early (8th-century) latinization was '' Charivius''. Anglicized forms are Harvey and Hervey. Its Old Breton form was ''Huiarnviu'' (cf. Old Welsh ''Haarnbiu'' ), composed of the elements ''hoiarn'' ("iron", modern Breton ''houarn'', cf. Welsh ''haearn'') and ''viu'' ("bright", "blazing", modern Breton ''bev''). Its common Celtic form would have been ''*isarno-biuos'' or ''*-ue(s)uos''. Recorded Middle Breton forms of the name include ''Ehuarn, Ehouarn, Houarn''. The name of the 6th-century saint is recorded in numerous variants, including forms such as: ''Houarniault'', ''Houarneau''; as the name of a legendary Breton bard, the name occurs in varians such as ''Hyvarnion, Huaruoé, Hoarvian''.''Bulletin Archéologique de l'Association Bretonne '' t. 4 (1884)p. 206 People with the given name ...
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Eminent Domain
Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utility, public utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to ...
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Law Of France
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ...
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