Law of France
French law has a dual jurisdictional system comprising private law (droit privé), also known as judicial law, and public law (droit public).[1][2]
"French law" redirects here. For the dialect of French used in English courts, see Law French. For the law requiring the use of French in Quebec, see Charter of the French Language.
Judicial law includes, in particular:
Public law includes, in particular:
Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law.
The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law ("droit communautaire", sometimes referred to, less accurately, as "droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, criminal, administrative and constitutional law.
Judicial institutions[edit]
French judicial system[edit]
French courts go by a number of names, including juridiction, tribunal, and cour.[48] The Constitutional Council and Council of State are nominally councils but de facto courts.[48] French courts are often specialized, with separate public law and private law courts, and subject matter specific courts like general civil and criminal courts, employment, commercial and agricultural lease courts.[48] Judges are typically professional civil servants, mostly recruited through exams and trained at the École Nationale de la Magistrature.[61] There are also non-professional judges, typically in less serious civil or administrative cases.[48]
In public law cases, a public body, such as the national government, local authorities, public agencies, and public services like universities to railways, are always a party in dispute.[48] Public bodies are subject to different rules on their power, contract, employment and liabilities.[48] Instead of rules in the Civil Code and Commercial Code, administrative law statutes and principles developed by the Council of State are applied.[48] Private law disputes between individuals or private entities are heard in civil courts.[48] The Tribunal des conflits resolves questions of appropriate court jurisdiction.[48]
Administrative law courts[edit]
The Council of State (Conseil d’État) is the highest court in administrative law and also the legal advisor of the executive branch.[3] It originated from the King’s Privy Council, which adjudicated disputes with the state, which is exempt from other courts because of sovereign immunity.[48] The Council of State hears appeals on questions of law from lower courts and gives advisory opinions on the law on reference from lower courts.[48] It also decides at first instance the validity of legislative or administrative decisions of the President, the Prime Minister, and certain senior civil servants.[48]
There are 42 lower administrative courts and 8 administrative courts of appeal, which hears appeals on fact and law.[3] Administrative courts can enforce their decisions by ordonnance to the public body.[48] In addition to generalist administrative courts, there are special administrative courts on asylum, social welfare payments, the disciplinary organs of professional bodies, and courts that audit public bodies and local governments.[48] Administrative court judges are selected separately from other judges.[48]
Civil and criminal courts[edit]
The Court of Cassation (Cour de cassation) is the highest court and the only national court on civil and criminal matters.[3] It has six chambers, five civil chambers: (i) on contract, (ii) on delict, (iii) on family matters, (iv) on commercial matters, (v) on social matters: labour and social security law; and (vi) on criminal law.[48] The court has 85 conseillers, 39 junior conseillers réferendaires, and 18 trainee auditeurs.[48] It typically hears cases in three or five judge panels. A chambre mixte (a large panel of senior judges) or plenary session (Assemblée plénière) can convoke to resolve conflicts or hear important cases.[48] In 2005, it decided over 26,000 cases.[48] The Court of Cassation also gives advisory opinions on the law on reference from lower courts.[48]
At the appellate level, there are 36 Courts of Appeal (cour d’appel), with jurisdiction on appeals in civil and criminal matters.[3] A Court of Appeal will usually have specialist chambers on civil, social, criminal, and juvenile matters.[48] The cour d’appel deals with questions of fact and law based on files from lower courts, and has the power to order additional investigations.[48]
As for courts of first instance, there are 164 tribunaux de grande instance (civil courts for large claims, family matters, nationality, property and patents)[48] and 307 tribunaux d’instance (civil courts for medium-sized claims).[3] Separate commercial courts deal with commercial matters at the first instance, with lay judges elected by the local chamber of commerce.[48] For criminal matters, the tribunal de police, the juges de proximité, the tribunal correctionnel and the cour d’assises hear criminal cases, depending on their seriousness.[48] The cour d’assises is a branch of the Court of Appeal, which hears at first instance the most serious criminal cases.[48] In criminal trials heard by the cour d’assises, three judges and nine jurors together determine the verdict and sentencing.[48] Criminal and civil courts are connected and typically co-located, despite criminal law being a branch of public law.[48]
Constitutional Council[edit]
The Constitutional Council (Conseil constitutionnel) was created in 1958 with exclusive authority to judge the constitutionality of parliamentary statutes.[3] The President may refer a bill in Parliament to the Constitutional Council for constitutional review.[3] The Prime Minister, the presidents of both houses of Parliament, and a group of 60 members from either of the two houses may also refer bills or treaties to the Constitutional Council.[3] In addition, under Art. 61–1 of the Constitution, beginning in 2008, when individuals allege that their constitutional rights are infringed by legislation in a court proceeding, the Court of Cassation or the Council of State may refer the matter to the Constitutional Council for a preliminary ruling on its constitutionality.[3] The Constitutional Council has nine members: three are appointed by the President, three by the head of the National Assembly, and three by the head of the Senate.[62] Members of the Constitutional Council do not necessarily have legal or judicial training; former French Presidents who retired from politics are eligible to join the Constitutional Council if they wish.[48]
Lawyers[edit]
Lawyers (avocats) are licensed via two routes in France. The most common one is the educational route via a licence de droit and a Master 1 in law, followed by the bar exam and 18 months of training at a bar school (one of fifteen Écoles d'avocats, EDAs). The second, less common route is the professional route. Candidates that hold specific diplomas can join an EDA without sitting the entrance examination (for example, PhD students), or qualify as a lawyer by directly sitting the final exam.[63][64]