Government stability
New Caledoniais a French overseas territory with a system of government based on a parliamentary and representative democracy. The president is the head of government and there is a multi-party system, with executive power being exercised by the government. The legislative power is vested in government and the congress of New Caledonia.
New Caledonia's government consists of 11 members of the executive. The government is elected by congress on a proportional ballot from party lists and it comprises more than one political party, under the system of “collegial government” mandated by the Noumea Accord. The president is elected by majority vote from all members of government.
(Source: mfat.gov)
New Caledonia has a three tiered system of administration similar to the arrondissements of metropolitan France (represented by the High Commissioner), the territorial Congress and the provincial assemblies.
Administratively, the archipelago is divided into three provinces which are South Province, North Province and the Loyalty Islands Province. The congress of the New Caledonia consists of three assemblies. 32 are from Southern Province, 15 from Northern Province and 7 from Loyalty Islands. The members of these assemblies are elected for five years.
The last New Caledonian provincial election was held in May 2009. The future French Presidential election and French National Assembly election will be in 2012. The French Senatorial election will be in 2013.
(Source: WHO, mfat.gov)
Political parties in New Caledonia are Rally for Caledonia in the Republic (anti independent) or RPCR-UMP, the Future Together or AE, the Caledonian Union or UC, the Front National or FN and the Kanak Socialist Front for National Liberation or FLNKS.
(Source: traveldocs.com)
Regulatory environment
New caledonia is not listed in the 2011 Index of Economic Freedom.
(Source: heritage.org)
Corruption perception
New Caledonia is not represented in the Corruption Perception Index (CPI) 2010.
(Source: transparency.org)
Freedom of information
New Caledonia is not listed in the Press Freedom Index 2010.
(Source: rsf.org)
Judicial system
The Judicial system in New Caledonia is similar to the French judicial system. The administration of justice is still controlled by the French State. The administration of justice in New Caledonia is governed by the rule of law and the fundamental principles of the separation of powers.
There are three types of courts in New Caledonia which are the judicial court, the administrative court and the mix court.
the judicial courts have jurisdiction over disputes between private individuals or companies and disputes involving the government, the French State or a New Caledonian institutions when it is acting in a commercial capacity. The Supreme Court sits in Paris and has jurisdiction over all French territories, including New Caledonia. In principle, any decision delivered by the court, there can be no further appeal, whether civil or criminal. The Supreme Court does not review the facts of the case, but has the final say in the manner in which a particular legal rule should be applied.
Th e administrative court is the state council. Disputes involving administrative law are normally heard at first instance by administrative courts (administrative tribunals) and at second instance by the Administrative Court of Appeal (administrative appeals).
Mix courts like the Labour Court and Commercial Court are active in New Caledonia. The Labour Court is composed of one professional judge, four assessors, two employees and two employers. The Commercial Court is composed of one professional judge and two consular judges, who are appointed as representatives of the business community.
The Court of Appeal sits in Nouméa, under the joint responsibility of the first president of the court and the public prosecutor and covers the territories of New Caledonia.
The judicial system is based on a two-tier court structure. Every case may be heard twice in regard to both the party’s points of fact and points of law. Before possibly reaching the court of appeal, a dispute may be heard first by the relevant court of the first instance. At this stage, judgment delivered by a court of first instance may be appealed.
(Source: Jonesday.com, page: Sec1: 11)