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Judiciary of France

France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary ("judiciaire") or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High Council of the Judiciary. Once appointed, career judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the council with due process.

The Ministry of Justice handles the administration of courts and the judiciary, including paying salaries or constructing new courthouses. The Ministry also funds and administers the prison system. Lastly, it receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of public prosecution, though this is controversial since it is seen to represent a conflict of interest in cases such as political corruption against politicians.


At the basic level, the courts can be seen as organized into:[1]


The structure of the French judiciary is divided into three tiers:


There are exceptions to this scheme, as noted below.

crimes, serious felonies, which are heard by the Assize Court (cour d'assises)

délits, less serious felonies and misdemeanors, which are heard by the Criminal Court (tribunal correctionnel, also called the Correctional Court)

contraventions, minor offenses and violations, which are heard by the Police Court (tribunal de police, also called the Police Tribunal)

(ordre judiciaire), which handle criminal and civil litigation

ordinary courts

administrative courts (ordre administratif), which supervise the government and handle complaints

Principal actors[edit]

Judges[edit]

In France, career judges and public prosecutors are considered civil servants exercising one of the sovereign powers of the state, hence only French citizens are eligible with the notable exclusion of other EU member states citizens under the 49(4) TFEU clause.[10][11]

André Varinard and Thierry Debard, Institutions juridictionnelles (= Judicials institutions), Paris, Dalloz editor, 12th edition, 2013.

Serge Guinchard

and Jacques Buisson, Criminal procedural law, Paris, Lexisnexis editor, 9th edition, 2013.

Serge Guinchard

Cécile Chainais and Frédérique Ferrand, Civil procedure, Paris, Dalloz editor, 31st edition, 2012 ISBN 978-2247109418.

Serge Guinchard

and alii, Procedural law, Paris, Dalloz editor, 7th edition, January 2013.

Serge Guinchard

Law enforcement in France

Tribunal d'instance

Court of Cassation (France)

Cour d'assises

Constitutional Council of France

Glossary of French criminal law

(in French)

Quick description of the French court system

The French legal system

Ordinary courts - France

Specialised courts - France