The Law n°2011-391 of 14 April 2011 published in the Official Journal of 15 April 2011 significantly modified the French custody regime. This reform was necessary as the French Constitutional Council (the "Conseil Constitutionnel") held the current custody regime to be unconstitutional in a decision dated 30 July 2010. The modification reinforces the right to a lawyer when in custody. This new regulation will enter into force on 1 June 2011 but the French Supreme Court (the "Cour de Cassation") ruled that the law needs to be applied immediately in order to avoid any ruling of the European Court of Human Rights against France. The Minister of Justice agreed with this and also decided that the Law should come into force immediately.
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Custody reform
- Hogan Lovells
- Bruno Knadjian
- France
- May 6 2011
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Sonja Sarantis
Legal Counsel
State Street Bank and Trust Company