French court system

A short guide on French Courts Updated on Monday 18th April Rate this article 5 5 1 based on 0 reviews The French legal system is based on civil law and its roots can be traced back to the Roman law and the Civil Code drafted in by Napoleon I. The French judicial system is divided between inferior courts, intermediate appellate courts and courts of last resort.

French court system

There exist significant problems with applying non-French terminology and concepts related to law and justice to the French justice system. For this reason, we shall define some of the words used in the rest of the article.

Another recourse is cassation. Generally, cassation is based not on outright violations of law, but on diverging interpretations of law between the courts. Cassation is not based on the facts of the case.

French court system

Cassation is always open as a final recourse. Modern French law codes date back to the Napoleonic Codethough all codes have since been thoroughly revised or even rewritten.

Some codes were written as such; others were codified by taking existing statutes and statutory instruments regulations and orders and re-organizing them into a single law code. They do not represent the government. Because of the confusing terminology, they were renamed rapporteur public public report drafter.

This implies, for instance, that they should be able to have an attorney to defend them, and that this attorney should have access to the prosecution files. They consist mostly of minor parking and traffic violations.

They may be moved or promoted only with their consent. These protections are meant to ensure that they are independent from the executive power.

Jurisprudence While French judges, in the civil law tradition, do not create law, and thus there is no precedent or case law properly said, they may interpret existing statute law, as well as generic principles derived from the French Constitution and the Declaration of the Rights of Man and of the Citizen.

In particular, the decisions of the higher courts are of great importance and may establish long-lasting doctrine known as jurisprudence constante. While there is no stare decisis rule forcing lower courts to decide according to precedent, they tend to do so in practice with respect to jurisprudence constante.

Magistrats are government employees, but statutorily kept separate and independent from the other branches of government. Magistrats are expected to maintain a certain degree of distance as is the case with all government employees ; that is, they must refrain from actions and statements that could hinder their impartiality or make it appear that their impartiality is compromised, e.

The Ecole Nationale de la Magistratureor "National Judicial Academy" in Bordeaux is responsible for educating judges and therefore only admits French nationals.

Paritaire Regarding certain courts, commissions and other bodies making decisions with respect to two opposed groups of persons, this means that the body contains representatives from the two groups in equal proportion parity.

It is headed by the procureur. It requests enquiries to be made; during court hearings, it brings forward accusations against the suspect. In addition, it has a role of general monitoring of courts.

The name parquet means "wooden floor" in French; possible etymologies for the judicial use include the fact that the prosecutors speak from the floor of the courtroom as opposed to the judges, who are in a higher elevationand the possible meaning of "small park", alluding to a small enclosure in which attorneys stayed inside the courtroom.

This occupation in the magistrature can be translated into prosecutorbut the functions of the procureur also include the general monitoring of the activity of the court in both criminal and civil cases say, to see if judges apply the law in a consistent manner.

There are narrow exceptions to this requirement: Cases with defendants who are minors or rather, defendants who were minors at the time of the crime are not open to the public and the names of the defendants are not made public, so that they are not stigmatized for life.The French justice system dates back to the Revolution and is based on written The French court system is a double pyramid structure.

There are two separate orders: administrative courts and judicial courts. Each order has a pyramid structure, with a. The French legal system. Judicial system Administrative courts Training of judges and personnel in the justice system It is the Highest Court in the judicial French system.

It is the Court of last resort which sits in the Hall of justice in Paris. It succeeded to the. An essential guide to the French legal system, and how it differs from that used in the main English-speaking countries.

The French legal system.

Introduction - French Legal Research Guide - Guides at Georgetown Law Library

About F r the French Supreme Court in matters of private law. b). The origins of the French legal system The basis of the French legal system is laid out in a key document originally drawn up in , and known as the Code Civil, or Code Napoléon, (Civil code or Napoleonic code) which laid down the rights and obligations of citizens, and the laws of property, contract, inheritance, etc.

The Court System The courts in France are also divided into two parts - the judicial courts (those dealing with criminal and civil laws), and the administrative courts.

Public law is applied in the administrative courts (tribunaux administratifs). In France, career judges are considered civil servants exercising one of the sovereign powers of the state, so French citizens are eligible for judgeship, but also all citizens of one of the EU countries.

France's independent court system enjoys special statutory protection from the executive branch.

Comparative law and justice/France - Wikiversity