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Minority Report ( English Minority Report or Separate opinion , lat. Votum separatum ) - a term in jurisprudence denoting the opinion of a member of a collegial body who does not fully or partially agree with the decision taken by the majority of this body. A dissenting opinion is usually set out in writing.
Description
In court , when considering a case by a panel of judges, a judge who does not agree with the decision or sentence has the right to express a dissenting opinion, which is attached to the case file. In other collegial bodies (for example, commissions), a dissenting opinion is attached to the minutes of the meeting or the text of the decision. Also known is the practice of expressing a dissenting opinion directly in the minutes of the meeting, by signing it with the note “with a dissenting opinion”.
The dissenting opinion may concern both disagreement with the decision as a whole, and with its separate part. Perhaps a special opinion in which the person agrees with the conclusions of the body, but objects to his motivation or procedural violations in his adoption.
The dissenting opinion, in itself, has no legal consequences, however, it can be used in reviewing decisions by higher authorities.
International Courts
In an EU court, dissenting opinions are not permitted, as of 2004 [1] .
Courts of the countries of the Romano-Germanic family
The Constitutional Court of the Russian Federation in the period from 2008 to 2012 sharply expanded the use of dissenting opinions - from 1 to 33 per year [2] .
Notes
- ↑ Laffranque J. Dissenting opinions in the European Coiurt of Justice - Estoniaš Possible Contribution to the Democratization of the European Union Judicial Sysem Juridica International IX / 2004 (English)
- ↑ Karpyuk I. The Constitutional Court joined the voters - Polit.ru , 2013.