Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 18 views

    The Layout of The French Legal System: Government Structure

    Uploaded by

    Jawad Shah
    France has a civil law system where statutes codified in various legal codes take precedence over case law. The legal system is divided into public law, which governs the state, and private law, which governs individuals. Laws are passed by parliament and organized hierarchically from organic laws to ordinances to regulations. France also has separate judicial and administrative court systems, with the Supreme Court of Appeals and Council of State at the top of each respectively, as well as a Constitutional Council that reviews statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    The Layout of The French Legal System: Government Structure

    Uploaded by

    Jawad Shah
    18 views2 pages
    France has a civil law system where statutes codified in various legal codes take precedence over case law. The legal system is divided into public law, which governs the state, and private law, which governs individuals. Laws are passed by parliament and organized hierarchically from organic laws to ordinances to regulations. France also has separate judicial and administrative court systems, with the Supreme Court of Appeals and Council of State at the top of each respectively, as well as a Constitutional Council that reviews statutes.

    Original Title

    Document (32)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    France has a civil law system where statutes codified in various legal codes take precedence over case law. The legal system is divided into public law, which governs the state, and private law, which governs individuals. Laws are passed by parliament and organized hierarchically from organic laws to ordinances to regulations. France also has separate judicial and administrative court systems, with the Supreme Court of Appeals and Council of State at the top of each respectively, as well as a Constitutional Council that reviews statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views2 pages

    The Layout of The French Legal System: Government Structure

    Uploaded by

    Jawad Shah
    France has a civil law system where statutes codified in various legal codes take precedence over case law. The legal system is divided into public law, which governs the state, and private law, which governs individuals. Laws are passed by parliament and organized hierarchically from organic laws to ordinances to regulations. France also has separate judicial and administrative court systems, with the Supreme Court of Appeals and Council of State at the top of each respectively, as well as a Constitutional Council that reviews statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    The Layout of the French Legal System

    France is a civil law system which means it places a greater emphasis on statutes
    as found within various codes, instead of case law. The idea of stare decisis does
    not come into play in civil law systems as each case is decided on an individual
    basis according to how it relates to the codified law and how the judge chooses
    to interpret that law—thus two cases on the same topic could have very different
    outcomes. While this is one major difference between civil and common law
    jurisdictions, it is worth taking a closer look at France’s legal system.

    France is a republic and is currently governed by the Constitution of the Fifth


    Republic, which was passed October 4, 1958. There have been recent reforms
    (in 2008) to the constitution that have altered the law-making process, giving
    parliament a stronger vote in passing laws.

    Government Structure

    France has a quasi-presidential system in which a president is elected every five


    years. The president then chooses a Prime Minister from the parliamentary
    majority. The French parliament is made up of the National Assembly
    (Assemblée nationale) and the Senate (Sénat). It is both chambers of parliament
    who pass statutes.

    Legislation

    France has a dual system in place regarding its laws. One branch of the system is
    known as droit public, or public law. This branch defines the principles of
    operation of the state and public bodies. The other branch, known as droit privé,
    or private law, applies to private individuals and private entities.

    There is also a hierarchy to French laws. In order of importance from greatest to


    least, laws are known as:

    Lois organiques (institutional acts akin to the Constitution)


    Lois ordinaires (ordinary acts that have been voted on by Parliament regarding
    matters specifically left within the purview of Parliament by the Constitution)

    Ordonnances (measures taken by the government in matters that would be


    normal and relevant to keep the country operating)

    There are also regulations (règlements), which are issued by the executive
    power. Regulations be further broken down into décrets (those issued by the
    Prime Minister and President) and arrêtés (those issued by executive branch
    members who are not the President or Prime Minister). All lois, décrets, and
    important arrêtés are published in the official gazette (Journal officiel de la
    République française) which will be discussed further below.

    Court System

    The courts in France are also divided into two parts: judicial courts (those dealing
    with criminal and civil laws) and administrative courts. Public law is applied in
    the administrative courts (tribunaux administratifs). The highest of the judiciary
    courts is the Supreme Court of Appeals (Cour de cassation). There are 36 courts
    of appeals, 161 tribunaux de grande instance , and 307 tribunaux d’instance (the
    lowest level). At the top of the administrative courts rests the Council of State
    (Conseil d’État), with 8 courts of appeal (cours administratives d’appel) and 42
    tribunaux administratifs.

    There is a third unique aspect of the judiciary in France—the Constitutional


    Council (Conseil constitutionnel). This branch oversees review of statutes before
    they are enacted as well as overseeing national elections and answering
    questions from citizens regarding the constitutionality of laws. The Conseil
    constitutionnel 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.

    You might also like