Professional Documents
Culture Documents
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
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.
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
----------------------------------------------------------------------
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
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
Correctional
Court
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 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
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
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