Laws and Courts in FranceTHE FRENCH JUDICIAL SYSTEM

OVERVIEWThe fifth French Constitution was promulgated on October 4, 1958. The Constitution is the highest norm in the internal hierarchy. The Constitutional Council in 1971 cited the Constitution’s Preamble and the Declaration of the Man and of the Citizen (1789) as texts included in the Constitutional Principles. Moreover, the Fundamental Principles of the Republic expressed by the Constitutional Council and the Environment Charter of 2004 are also part of the “constitutional block”.

OVERVIEWThe French legal system is based entirely on written civil law. The system of administrative law was laid down by Napoleon and is appropriately called the code Napoléon (Napoleonic code). The code governs all branches of French law and includes the code civil, the code fiscal and the code pénal.

Judicial systems*ADMINISTRATIVE SYSTEMDeals with disputes between the government and individuals.E.G. Cases against civil servants.

*JUDICIARY SYSTEMHandles civil and criminal cases.

COURT ORGANIZATIONAt the basic level, the courts can be seen as organized into:• ordinary courts (ordre judiciaire), which handle

criminal and civil litigation• administrative courts (ordre administratif), which

supervise the government and handle complaints

OrdinaryMinor JurisdictionAt the bottom of the court hierarchy are the courts of minor jurisdiction.The Police Court (tribunal de police, also called the Police Tribunal) hears contraventions, minor criminal offenses such as traffic violations, minor assaults, and breaches of the peace.The Civil Court (tribunal d'instance) hears minor civil cases.

OrdinaryMajor JurisdictionWhen the court hears délits, less serious felonies and misdemeanors, it is called a Criminal Court (tribunal correctionnel, also called a Correctional Court).When the court sits to hear civil matters, it is called a Civil Court (tribunal de grande instance, also called a Grand Instance Court).It has general jurisdiction for civil matters over 10 000 €. Litigants are statutorily required to be represented by a lawyer, or avocat. The court also sits as a Juvenile Court (tribunal pour enfants).

OrdinarySpecialized JurisdictionThe Labor Court (conseil de prud'hommes) hears disputes and suits between employers and employees (apart from cases devoted to administrative courts.The Land Estate Court (tribunal paritaire des baux ruraux) hears cases dealing with long-term leases for farm land estates.The Social Security Court (tribunal des affaires de sécurité sociale) hears suits over welfare and state benefits. The Business Court (tribunal de commerce) hears matters involving trade and business disputes and the panel is elected from the local business community.

OrdinaryCourt of AssizeThe Court of Assize (cour d'assises, also called a Court of Sessions) sits in each of the departments of France with original and appellate jurisdiction over crimes, or serious felonies.As a court of first instance, it is normally composed of 3 judges and 9 jurors, but in some cases involving terrorism and the illegal drug trade the court may sit as 3 judges alone. When it sits as a court of appeal, it is composed of 3 judges.

OrdinaryCourt of AppealThe Court of Appeal (cour d'appel) handles appeals from most lower courts. It is composed of 3 judges.The Court is divided into a number of divisions or courts: social security, business, general civil, and criminal. Appeals may take anywhere from 18 to 24 months, if not longer.

OrdinaryCourt of CassationThe Court of Cassation (cour de cassation) is the highest level of appeal in France.These courts sit in five chambers with fifteen judges in each; however, only seven judges need to be present to hear a case.There are more than 120 judges serving in the court.The Court of Cassation hears appeals from the assize courts and the courts of appeal.Criminal cases are heard in only one of the court's five chambers and the court has no legal authority to deny a criminal appeal.The Court is referred to as the guardian of the law. It only reviews questions of law, not questions of fact. The Court’s essential purpose is to ensure that the interpretation of the law is uniform throughout the country.

ADMINISTRATIVESince the 1953 reforms, the administrative courts have been first instance judges of administrative litigations.There are 35 such courts and approximately 600 magistrates who judge 100 000 cases a year. These courts settle disputes between public authorities (the government, regions, departments or administrative bodies) or State-owned companies on the one hand and citizens on the other hand.Example:• a refusal to give a building permit• an objection to a land-use plan or proposed motorway• a claim for compensation for damages caused by public bodies• a refusal to give a residence permit, • the deportation of a foreigner• objections to direct taxes and their recovery• Etc.

ADMINISTRATIVEJurisdictional CourtThe Jurisdictional Court, or tribunal des conflits, handles conflicts between the civil system of justice and the administrative system of justice. • Positive conflict: both systems consider themselves

competent for the same case.• Negative conflict: both systems consider that the other

system is competent for the case, resulting in a denial of justice.

In both cases, the tribunal des conflits will render final judgment on which system is competent.

ADMINISTRATIVEConstitutional CouncilThe Constitutional Council (Conseil Constitutionnel) practices judicial review of legislative acts and laws.It supervises controversies of elections and performs judicial review by determining the constitutionality of parliamentary legislation.

ADMINISTRATIVECourt of AuditThe financial courts - national Court of Audit (cour des comptes) and regional audit courts (chambres régionales des comptes) - have jurisdiction to try cases involving possible misuse of public funds, and, in some rare instances, of private funds.JURISDICTIONThe Court of Audit and regional audit courts mostly adjudicate cases regarding public funds, carrying out:• Mandatory audits of public accountants to track national and local

government funds.• Discretionary audits of public corporations, publicly subsidized private

organizations, and social security and welfare agencies.• Since 1999, audits of private charities who regularly receive public

donations.

FRENCH JURY SYSTEMFrance doesn’t have a jury system (abolished in 1941) but a mixed tribunal made up of six lay judges and three professional judges, with convictions decided by a two-thirds majority. However, in the cour d’assises (see below), nine ordinary citizens make up a jury populaire.

Voiding laws

After a Law was passed, and then promulgated (15 days), the Constitutional Council may void a law (or deemed it unconstitutional if:• It is either by the President, the Prime Minister, or

the President of either houses of Parlement. • If no one challenges the law in 15 days period, then

it is valid, regardless if it violate the constitution.

Voiding laws

Voiding lawsIn 1970, after the departure of de Gaulle in the government,A law limiting the freedom of association by limiting prefects the power to refuse to register was passed, therefore denying legal recognition to any group that the prefect thought would engage in illicit activities.Before the law was promulgated, the senate president referred to it to the Constitutional Council, then it was deemed unconstitutional.