FRENCH

JUDICIARY

HISTORY OF FRENCH
JUDICIARY
Ancien Rgime

The King
strong symbol
believed to derive his powers from God
expected to administer justice fairly and quickly
delegated his power to his representatives
retained the right to intervene directly in the
administration of justice

The Kings representatives (royal courts and Parlements)

would dress up in a manner that reflected the Kings
appearance
Judges responsibilities were purchased and later on,
became hereditary in 1604
Confused system of courts as well as numerous
possibilities per appeal made legal process slow and
uncertain

REVOLUTION
French Revolution of 1789 swept away religious and
monarchic conception of the judiciary
One of the aims was to simplify judicial organisation and
to ensure independence of the judges and protect the
citizens
Prison became the place in which sentences were served
and not just places where defendants were held while
awaiting judgment.

NAPOLEONIC REIGN
The reforms of the judiciary inspired by the Revolution
were revised by Napoleon during his term as First Consul
in 1800
The Napoleonic Code laid down principles of criminal
procedure and trial rules, for the first time.

 Judges were no longer elected but appointed by the

government.
The judges were required to become, as Montesquieu
had wished, "the mouth that pronounces the words of the
law."

DE GAULLE
From Napoleons fall to mid 20th Century, no farreaching change
Major changes began during Charles De Gaulles term in
1958

STRUCTURE OF
FRENCH
JUDICIARY

STRUCTURE
Ordinary Courts & Administrative Courts
----------------------------------------------------------------------

Inferior courts of original and general

jurisdiction
Intermediate appellate courts
Courts of last resort

ADMINISTRATIVE COURTS
Judges the legality of administrative acts
Under the control of Council of State

COUNCIL OF STATE
NOT A COURT, but functions as a judicial body
by adjudicating suits and claims against
administrative authorities
Supreme court for administrative justice
Decisions are final and unappealable

CIVIL COURTS
Judge conflicts arising between persons
Juge de Proximit
(Small or Minor offenses court)
Deals with disputes which does not
exceed 4000

The Tribunal dinstance

(Magistrates Court)
deals with disputes involving claims not exceeding
10, 000
road traffic accidents, unpaid rent, poor
workmanship, claims for damages
exclusive jurisdiction on guardianship, on
declaration of acquisition of French nationality
Single judge assisted by court registrar

The Tribunal de Grande Instance

(District Court)
deals with disputes between private persons that are
not allocated to any other civil court and civil
disputes involving claims in excess of 10, 000
has exclusive jurisdiction in cases concerning
filiation, matrimonial property, adoption,
inheritance, ownership of real property and
trademark law
College (three professional judges) assisted by court
registrar

The tribunal de commerce

(Commercial Court)
deals with disputes between private persons and
traders or between commercial companies
has exclusive jurisdiction to rule on
consequences of economic difficulties of
commercial companies and craftsmen
non-professional judges (traders who provide
voluntary service and are elected for two to four
years by other traders)

The Counseil des prudhommes

(Labor Tribunal)
deals with disputes between employees or
apprentices and employers
(collective disputes e.g. right to strike-not
included)
non-professional judges -conseillers
prudhommes

The Tribunal des affaires de securite

sociale (Social Security Court)
hears disputes between social security funds
and claimants (problems relating to funds)
Presiding judge (from District court) and nonprofessional assessors (appointed by the
presiding judge of the Court of Appeals from
the proposal of agricultural and nonagricultural trade union

Tribunal paritaire des baux

ruraux
(Land Estate Court)

-deals with disputes involving immovable property

(real estate), city planning, leases, foreclosures

Criminal Court
deals with crimes (murder, rape, armed
robbery,etc.) and attempted crimes
judgements may be appealed at Cour de
cassation
composed of three professional judges and a jury
(nine citizens chosen by random)
terrorist acts or acts related to drug dealing are
tried without a jury

PUBLIC
CRIMESOFFENSES
major felonies,which are heard
by the Assize court

Dlit/Infraction- less serious felonies

which are heard by the Correctional court
Contraventions- minor crimes which are
heard by the police court

The Police Court

The tribunal de police
tries petty offences, such as breaches of the peace at
night, certain breaches of the Highway Code, or
minor assaults.
The tribunal rules at the last instance, i.e. with no
possibility of appeal, for the least serious offences.
always consists of only 1 judge (usually a judge from
the tribunal d'instance) who is assisted by a registrar.

Correctional
Court

It is a section of the tribunal de grande instance, tries less

serious offences (theft, fraud, misappropriation, serious
assaults, etc).

It can impose prison sentences of up to 10 years (20 yrs in

the event of a second offence) or alternatives to
imprisonment, such as community service, a suspended
sentence or probation.

 May impose fines, or additional penalties such as a

prohibition on exercising a professional activity, or
suspension of the individuals driving license.
In general it rules as a college, with three
professional judges from the tribunal de grande
instance, including a presiding judge.
Certain less serious offences may, however, be tried by
the tribunal correctionnel sitting with a single judge.

COURT OF
SESSIONS
The judgments
of the cour dassises may be appealed.
As a court of the appeal ( cour dassises dappel),it
consists of 3 professional judges and a jury of 12 who reexamine the whole case. The decision of the cour
dassises dappel may itself be appealed at the Cour de
cassation
It is the only court consisting of professional judges
(three) and a jury (nine citizens chosen by drawing lots).
.

Cour dappel (Court of

Appeal)

Re-examine judgements rendered in civil,

employment, commercial or criminal matters
Decisions may be appealed to the Court of
Cassation
Composed solely of professional judges

Cours d'assises (Assize

Courts)

The most serious crimes, for which the

penalties may range to life imprisonment
do not sit regularly but are called into
session when necessary
presided over by judges from the appeals
courts

Cour de cassation
COURT OF CASSATION
Highest court of criminal and civil appeal in
France
Aim is to ensure a uniformity of the
interpretation of the law among all the French
courts

HISTORY
Instituted during the French Revolutionary
period, but ts roots go back to the Middle Ages
After 1967 the Cour de Cassation had one
criminal chamber and five civil chambers,
including those that dealt specifically with
financial and commercial problems or with
social problems

MEMBERS OF THE COURT:

First President
First presidents of the chambers
Justices
Assistant justices

JUDGES
only French citizens are eligible for judgeship
Procedures for the appointment, promotion, and
removal of judges vary depending on whether it
is for the judicial, administrative, or audit court
stream
Judicial appointments must be approved by the
High Council of the Judiciary

 Judges serve for life and cannot be removed

without specific disciplinary proceedings
conducted before the Council conducted in due
process

MINISTRY OF JUSTICE
handles the administration of courts and
judiciary including paying salaries or constructing
new courthouses
funds and administers the prison system
receives and processes applications for
presidential pardons
proposes legislation dealing with matters of civil
or criminal justice
The Minister of Justice is also the head of public
prosecution.

Cour de
Cassation

Cour d
Second level jurisdiction
Appel

Cour d
assises d
appel

Tribunal de
police

Civil courts
First level jurisdiction
Tribunal
correctionn
el

Cour d
assises

SOURCES:
SOURCES:

http://www.nationsencyclopedia.com/Europe/France-JUDICIALSYSTEM
.html#ixzz2ImMX0noG

http://www.edri.org/edrigram/number10.14/french-supreme-court-decision
s-intermediaries
http://www.eurofound.europa.eu/emire/FRANCE/SUPREMEADMINIST
RATIVECOURT-FR.htm
http://en.wikipedia.org/wiki/Judiciary_of_France

Aspacio, Nova Angelique

Ballesta, Kevin
Canales, Roselle
Gecomo, Hana
Paglas, Datu Yussef
Vicente, Jennifer