Burkina Faso ENAM Greffier key terms

Written document by which a plaintiff brings a case before a civil court, setting out the parties, the subject of the claim and its grounds. It fixes the scope of the dispute and starts the proceedings.

Formal procedural act by which a bailiff summons a defendant to appear before a court within a fixed period, stating the claim and hearing date. It is the usual way of starting civil proceedings.

Decision by which a court rules on the merits of a dispute after hearing the parties. It must be reasoned, state the applicable rules and the names of the judges, and is recorded in the registry.

Original copy of a court decision kept in the registry, signed by the judges and the registrar. It is the authentic source from which certified copies are issued to the parties.

Certified copy of a court decision or notarial act issued by the registry and bearing the seal and signature of the registrar. It allows a party to prove and enforce the decision.

Principle that a final judgment cannot be litigated again between the same parties, on the same subject and for the same cause. It secures legal certainty and prevents contradictory decisions.

Ordinary remedy by which a losing party asks a higher court to review and, if appropriate, reverse a first-instance decision. It is subject to time limits and suspends enforcement in most civil matters.

Set of rules determining which type of court or tribunal has power to hear a given matter, for example civil, criminal, commercial or administrative. It differs from territorial competence, which concerns location.

Rules establishing which court, among courts of the same type, may hear a case, usually the court of the defendant's domicile or the place where the facts occurred or the contract is performed.

Victim of an offence who joins the criminal proceedings to seek compensation for harm suffered, either by direct summons or during the investigation. This gives the victim access to the criminal file.

Measure by which a suspect is held by the police or gendarmerie for a limited period under judicial control, while investigations continue. The person has rights, including notification of the grounds and access to a lawyer.

Phase of criminal proceedings conducted by an investigating judge to gather evidence, hear witnesses and decide whether a suspect should be committed for trial or released. It is written and secret.

Body of magistrates who represent society in criminal matters, direct prosecutions and request application of the law. It is hierarchically subordinate to the Minister of Justice and is not a party in the ordinary sense.

Right of the State to prosecute an offender and obtain a penalty before a criminal court. It is exercised by the public prosecutor and is extinguished notably by prescription, death of the accused or amnesty.

Written record drawn up by a police officer, gendarme, bailiff or registrar describing facts observed, statements received or procedural steps taken. Its evidential value varies according to the author and the matter.

Office attached to a court where proceedings are registered, files kept, hearings recorded and copies of decisions delivered. It is headed by the registrar and guarantees the authenticity and public traceability of judicial acts.

Judicial officer who assists the judge at hearings, authenticates procedural acts, keeps registers and files, and issues copies of decisions. The registrar is bound by professional secrecy and impartiality.

Official book or electronic file kept at the registry in which procedural events, incoming cases, hearings and decisions are recorded in chronological order. It provides proof that a step was accomplished on a given date.

Formal undertaking taken by a registrar before taking office, promising to perform duties faithfully, keep secrets and remain impartial. Breach of the oath may lead to disciplinary sanctions.

Action by which a person asks the administrative judge to annul an administrative decision alleged to be unlawful, without seeking compensation. It is open to anyone with an interest and generally requires prior administrative appeal.

Request addressed to the authority that made a decision, asking it to reconsider or withdraw that decision. In many systems it is a compulsory preliminary step before bringing an administrative action.

Unilateral act by which an administrative authority modifies the legal situation of citizens, for example granting a licence, imposing a sanction or refusing a request. It may be contested before the administrative judge.

Decision of the administrative judge cancelling an unlawful administrative act with retroactive effect, as though it had never existed. It differs from damages, which compensate harm without erasing the act.

Situation of a trader or company unable to pay its debts as they fall due, triggering collective proceedings aimed at settling creditors and, where possible, rescuing or liquidating the business under court supervision.

Set of court-supervised proceedings opened when a debtor is insolvent, bringing creditors together, suspending individual claims and organising either recovery of the business or liquidation of its assets.

Person appointed by the court to administer a debtor's affairs in collective proceedings, verify claims, realise assets and distribute proceeds to creditors under the supervision of the judge.

Transaction considered commercial by law, such as buying goods to resell them, banking operations or company business. Its qualification determines the applicable court and rules, notably commercial jurisdiction and evidence.

Agreement by which a person undertakes to work under the direction and authority of an employer in return for remuneration. Subordination is the key element distinguishing it from other service contracts.

Termination of an employment contract at the employer's initiative. It must rest on a valid reason and follow a procedure including notice and, where required, a hearing, failing which it may be deemed unfair.

Written agreement negotiated between employers and workers' representatives that sets working conditions, wages and benefits for a sector or undertaking. It supplements the labour code and binds covered employers.

Public service responsible for supervising compliance with labour legislation, advising employers and workers, and attempting conciliation of individual disputes before they reach the labour court.

Court that reviews the constitutionality of laws, treaties and certain elections, and receives the president's oath. Its decisions bind all public authorities and cannot be appealed.

Supreme legal text organising the State, distributing powers and guaranteeing fundamental rights. All other laws and administrative acts must comply with it, under review by the constitutional court.

Review by which a constitutional court checks whether a law or treaty respects the constitution. Depending on the system, review occurs before promulgation or after referral during litigation.

Technique of drafting clear, concise and impersonal documents such as letters, notes, reports and decisions, following formal conventions of presentation, reference and signature used in public administration.

Short internal document informing staff of a decision, instruction or organisational change. It states the object, the rule to apply and the date, and is signed by the competent authority.

Conventional way of writing official documents, characterised by neutrality, precision, short sentences, standard formulas and avoidance of personal opinion. It favours clarity over literary effect.

Software used to create, format and print documents, with functions such as styles, tables, headers, page numbering and tracked changes. Registrars use it daily for minutes, correspondence and registers.

Software organising data in rows and columns with formulas and charts, used at the registry to track cases, deadlines, statistics and fee accounts. It supports sorting, filtering and automatic calculation.

Electronic process identifying the author of a document and guaranteeing its integrity. Where legally recognised, it has the same value as a handwritten signature and supports paperless judicial procedures.