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Introduction
The French law bears the imprint of the Roman law and is very much different from
the British and American systems. Unlike English-speaking countries, which use a system of
“Common Law”, France has a system of "Civil law".
Laws in France, as in other democratic countries, are generally proposed by the
Government of the day, and must be passed by the two houses of the French Parliament, the
National Assembly and the Senate. They become law as from the date on which they have
been passed by Parliament, signed into law by the President, and published in the Journal
Officiel, or Official Journal. Statutory instruments become law on signing by the minister(s),
and being published in the Journal Officiel. Publication in the electronic version of the J.O. is
sufficient.

Background of French Law

 Before the French Revolution
Before 1789, France was ruled by the nobles and the Catholic Church. The
government were known as Ancien Régime. The powers were with the King, and after the
American Revolution, ordinary French wanted to create a country in which the people had
power, instead of a King. It all started the French Revolution from 1789 to 1799. It led to the
end of the monarchy, and to many wars. King Louis XVI was executed in 1793. The
revolution ended when Napoleon Bonaparte took power in November 1799. In 1804, he
became Emperor.

 Napoleonic Era
The basis of the French legal system is laid out in a key document originally drawn up
in 1804, and known as the Code Napoléon, (Civil code) which laid down the rights and
obligations of citizens, and the laws of property, contract, inheritance, etc. Essentially, it was
an adaptation to the needs of nineteenth-century France of the principles of Roman law and
customary law.
Common law systems are ones that have evolved over the ages, and are largely based
on consensus and precedent. Civil law systems are largely based on a Code of Law.
Worldwide. Common Law forms the basis of the law in most English-speaking countries,
whereas Civil law systems prevail in most of the rest of the world, with the notable exception
of many Islamic nations and China.
In line with the democratic principle of the separation of powers, the French judiciary
- although its members are state employees - is independent of the legislative authority
(government).
The Napoleonic Code had a far greater impact on post-revolutionary society than did
the social innovations. This ambitious work of legal codification, perhaps the crowning glory
of the Conseil d'État (Council of State), consolidated certain basic principles established in
1789: civil equality and equality before the law; the abolition of feudalism in favour of
modern contractual forms of property; and the secularization of civil relations. Codification
also made it easier to export those principles beyond the borders of France. In family
relations, however, the Napoleonic Code was less a codification of Revolutionary innovations
than a reaction against them. By reverting to patriarchal standards that strengthened the
prerogatives of the husband and father, it wiped out important gains that women had made
during the Revolution. The code’s spirit on this subject was summed up in its statement that
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“a husband owes protection to his wife; a wife owes obedience to her husband.” Wives were
again barred from signing contracts without their husbands’ consent, and a wife’s portion of
the family’s community property fell completely under her husband’s control during his
lifetime. The code also curbed the right of equal inheritance, which the Revolution had
extended even to illegitimate children, and increased the father’s disciplinary control over his
children.
The code also rolled back the Revolution’s extremely liberal divorce legislation.
When marriage became a civil rite rather than an obligatory religious sacrament in 1792,
divorce became possible for the first time. Divorce could be obtained by mutual consent but
also for a range of causes including desertion and simple incompatibility. Under the
Napoleonic Code, contested divorce was possible only for unusually cruel treatment resulting
in grave injury and for adultery on the part of the wife. Faced with an unfaithful husband,
however, “the wife may demand divorce on the ground of adultery by her husband [only]
when he shall have brought his concubine into their common residence.”
Napoleonic policy frequently reacted against the Revolution’s liberal individualism.
While the regime did not restore the guilds outright, for example, it reimposed restrictive or
even monopolistic state regulation on such occupational groups as publishers and booksellers,
the Parisian building trades, attorneys, barristers, notaries, and doctors. Napoleon wished to
strengthen the ties that bound individuals together, which derived from religion, the family,
and state authority. Napoleon’s domestic innovations—the prefectorial system, with its
extreme centralization of administrative authority; the university, a centralized educational
bureaucracy that scrutinized all types of teachers; the concordat with the Vatican that
reversed the secularizing tendencies of the Revolution; the civil code, which strengthened
property rights and patriarchal authority; and the Legion of Honour, which rewarded service
to the state—all endured in the 19th century despite a succession of political upheavals.
Historians who admire Napoleon consider these innovations the “granite masses” on which
modern French society developed.

 Second Republic (1848-51)

The new constitution, proclaiming a democratic republic, direct universal suffrage and
the separation of powers, was promulgated on 4 November. Under the new constitution, there
was to be a single permanent Assembly of 750 members elected for a term of three years by
the scrutin de liste. The Assembly would elect members of a Council of State to serve for six
years. Laws would be proposed by the Council of State, to be voted on by the Assembly. The
executive power was delegated to the President, who was elected for four years by direct
universal suffrage, i.e. on a broader basis than that of the Assembly, and was not eligible for
re-election. He was to choose his ministers, who, like him, would be responsible to the
Assembly. Finally, revision of the constitution was made practically impossible: it involved
obtaining three times in succession most of, much of three-quarters of the deputies in a
special assembly. It was in vain that Jules Grévy, in the name of those who perceived the
obvious and inevitable risk of creating, under the name of a president, a monarch and more
than a king, proposed that the head of the state should be no more than a removable president
of the ministerial council. Lamartine, thinking that he was sure to be the choice of the electors
under universal suffrage, won over the support of the Chamber, which did not even take the
precaution of rendering ineligible the members of families which had reigned over France. It
made the presidency an office dependent upon popular acclamation.

 Third Republic (1870-1940)

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Third Republic, French government from 1870 to 1940. After the fall of the Second
Empire and the suppression of the Paris Commune, the new Constitutional Laws of 1875
were adopted, establishing a regime based on parliamentary supremacy. Despite its series of
short-lived governments, the Third Republic was marked by social stability (except for the
Alfred Dreyfus affair), industrialization, and establishment of a professional civil service.

 Fourth Republic (1944-58)

Fourth Republic, government of the French Republic from 1946 to 1958. The post
war provisional president Charles de Gaulle resigned in 1946, expecting that public support
would bring him back to power with a mandate to impose his constitutional ideas. Instead,
the constituent assembly chose the socialist Félix Gouin to replace him. The assembly
submitted two draft constitutions to a popular vote in 1946, and the revision was narrowly
approved. The structure of the Fourth Republic was remarkably like that of the Third
Republic. The lower house of parliament, renamed the National Assembly, was the locus of
power. Shaky coalition cabinets succeeded one another, and the lack of a clear-cut majority
hampered coherent action.

 Fifth Republic (1958)

Fifth Republic, system of government in France from 1958. Under the constitution
crafted by Charles de Gaulle with the help of Michel Debré, executive power was increased
at the expense of the National Assembly. In 1959 de Gaulle was inaugurated as the first
president of the Fifth Republic, with Debré as his prime minister. In 1962 de Gaulle pushed
through a constitutional amendment that provided for direct popular election of the president,
and in 1965 he became the first French president elected by popular vote since 1848.

In academic terms, French law can be divided into two main categories:
 Private law (“le droit privé”)
This is the basic law of the land. It is administered through the judicial courts.
There are two judicial channels,
a) those dealing with civil litigation
Basic civil litigation concerning private individuals is dealt with by a local court,
known as a Tribunal d'Instance, or by a regional or departmental court known as a
Tribunal de Grande Instance (TGI), depending on the importance of the case.
Commercial and business law is administered through institutions known as
Tribunaux de commerce. These are known as "first degree courts".
Appeals are heard in a Cour d'Appel or Court of Appeal, a "second degree court". In
France, there is a fundamental right of appeal in all cases. In exceptional
circumstances, judgements of the Appeal Court can be contested at the highest level,
the Cour de Cassation, the French Supreme Court in matters of private law.

b) those dealing with criminal offences

Everyday offences and petty criminal matters are generally dealt with either by a Juge
de proximité (a local magistrate) or a Tribunal de Police (police court); more serious matters
will be referred to the Tribunal Correctionnel, the criminal law equivalent of the TGI. The
most serious criminal offences, notably murder and rape, will be referred to a Cour d'Assises,
or Assize court, where they will have tried by jury.
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 Public law (“le droit public”)

Complaints or litigation concerning public officials in the exercise of their office are
heard in Tribunaux Administratifs, or Administrative Courts. For example, universities or
public academic institutions are regularly taken to court over claimed irregularities in the
organisation of exams. As in the private law system, appeals can be lodged, in this case with
the Cour administratif d'appel, or Administrative appeals court. The highest echelon, the
Supreme Court for public law, is the Conseil d'Etat, or Council of State, the body ultimately
responsible for determining the legality of administrative measures.
This differs from the traditional common law concepts in which the main distinction
is between criminal law and civil law.
Private law governs relationships between individuals. It includes,
 Civil law (droit civil)
This branch refers to the field of private law in common law systems. This branch
encompasses the fields of inheritance law, civil law, family law, property law, and contract
law.

 Public law
It defines the structure and the workings of the government as well as relationships
between the state and the individual. It includes:
1. Criminal law (droit pénal)
French criminal law is governed first and foremost by the Code pénal, or penal code,
which for example formally prohibits violent offences such as homicide, assault and many
pecuniary offences such as theft or money laundering, and provides general sentencing
guidelines. However, many criminal offenses, e.g., slander and libel, have not been codified
but are instead addressed by legislation.

2. Administrative law (droit administratif)

In France, most claims against local or national governments are handled by the
administrative courts, for which the Conseil d'État (Council of State) is a court of last resort.
The main administrative courts are the tribunaux administratifs and their appeal courts. The
French body of administrative law is called droit administratif.

 Features
The main features of the judicial system in France may be briefly described as follows:
a) Codified law
The French code are well balanced pieces of the jurisprudential art, systematic and
easily accessible. the first penal code and criminal procedure code were prepared before the
18th century ended whereas the Civil Code and Civil Procedure Code were formulated during
the reign of Napoleon in the early 19th century. both kinds of Courts and Procedures are
reasonably complete and clear. a judge need not seek help from precedents. he is free to give
his judgement. precedent plays an insignificant part in the French judicial system where as it
has great importance in England and USA. the three important features of Roman judicial
system- Symmetry, Unity and Authority-are found in the whole edifice of French law and
justice.
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b) No elected judges
The judges in France are not popularly elected as they are in so many courts in USA.
under the Third Republic, judges were appointed by the Minister of Justice who was
sometimes influenced by bias and extraneous considerations. Under the Fourth Republic, the
power of appointment was transferred to the Superior Council of Magistrature which
consisted of the President of the Republic as Chairman, the Minister of Justice, six persons
elected by the National Assembly but not from among its members, four Judges and
alternates representing all categories of Judiciary and elected by their colleagues, and 2
members of the legal profession appointed by the President of the Republic. under the present
Constitution a similar body under the same Conseil Superieur de la Majistrature (High
Council of Judges) has been appointed to make proposals for the appointment of the judges
of the Court of Cassation and presiding judges of the Courts of Appeal and to give its opinion
on the proposals of the Minister of Justice relative to appointments of other judges. The High
Council of the Judges consists of the President of the Republic, Minister of Justice and, in
addition, nine members appointed by the President of the Republic. the Council of Judges
also acts as the disciplinary Council for judges.
c) Dual hierarchy
Unlike England, there are two separate sets of courts in France. there are ordinary
courts dealing with common law for the trial of the civil and criminal offences. at the top of
the ordinary courts is the Court of Cassation. But unlike the Supreme Court of India or
United States, it does not pronounce guilt or innocence. A reversal of a lower court decision,
i.e., a successful appeal merely means that the case is sent back for retrial by another court of
similar jurisdiction. besides the ordinary courts, there are administrative courts which are
concerned with the acts of the administrative authorities and the grievances that the citizens
may have against these authorities. at the top of administrative courts is the conseil d’ Etat
(the Council of State), which hears appeals from the regional administrative tribunals.
d) Court of conflict
With two sets of courts, ordinary and administrative, it becomes necessary to have
some agency for settling dispute arising out of the final jurisdiction of the Court of Castration
and the Council of State. For this purpose, a Court of Conflicts was set up in 1872. this court
is composed of the Minister of Justice as ex-officio President, three judges of the Court of
Cassation, three members of the Council of State, and two other persons, selected by the
foregoing seven judicial luminaries. this institution, it may be remarked, is unique to France
only.
e) Absence of Judicial review
Courts in France have no power to declare laws passed by the Parliament as
unconstitutional. In France, courts derive their powers from the Parliament whereas in USA
they derive their powers from the Constitution itself.  the French citizen has no rights to
approach a court to declare a law as unconstitutional. However, the constitutionality of a law
can be got determined, before its promulgation, from the Constitutional Council by the
President of the Republic, the Prime Minister or the President of either Chamber of the
Parliament. It is only these officials who can invoke the issue of constitutionality of Acts by
the Parliament. Once a law been promulgated, its constitutionality cannot be questioned.  “It
is not the habit of Frenchmen,” writes Munro, “to look upon the Judiciary as a separate
branch of government distinct from the legislative and executive branches. they are inclined
to regard the courts as mere administrative agencies, something like the post offices or the
prefectures.”
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f) The Institution of Parquet

This institution known by the name of Parquet is a unique feature of the French
judicial system. to each court there is attached a Parquet headed by a procurer or State
attorney and many assistants to help him. the parquet does the same job as is done by public
prosecutors in India. It conducts prosecutions. according to Harman Finer, “It embodies the
dual interest of securing a conviction, yet also assuring justice or fair play for the criminal.”
The members of the parquet are all irremovable and they move upwards in their cadre.
Though their main function is on the criminal side, yet they also act in civil cases which are
of interest to the State, by submitting the point of view of the State on the law, and of the
public authorities and of people who are not capable of prosecuting their own case. they also
see that the judgements and decrees of the courts are fully executed.
g) Independence of Judiciary
The independence of Judiciary is well recognised in France. the President has been
made the guarantor of the independence of judiciary. Judges may not be removed from office.
the judges of the superior courts i.e., Court of Cassation and the Courts of Appeals are
appointed on the proposals made by the High Council of Judges which consists of the
President of the Republic, the Minister of Justice and nine other members. Thus, the
appointment of the superior judges is outside the purview of the executive. the judges at the
lower level are appointed through a competitive examination. these fresh appointees spent
four years in the National Centre of Judicial Studies to get further training in the legal and
judicial system, thereby ensuring a Judiciary of competence and high calibre. in France, the
Bench is a career. the judges are free to deliver their judgements uninfluenced by any kind of
pressure. Though they are paid about one-third as much as English judges, yet they are free
from corruption. Justice is cheap in France
h) Habeas corpus
Under the Fourth Republic arbitrary arrest was possible in France. warrant of arrest
could be issued by the judges d’ instruction and these warrants were sometimes very vague.
the judges could keep the person in preventive detention until he had finished his
interrogation and collected the evidence. there was no way to get the prisoner freed from the
prison. then many officials including the police, mayors and prefects had the authority to
affect arrests. under the Fifth Republic, the constitution declare that no one may be arbitrarily
arrested and that the judiciary acting as a guardian of individual liberty shall ensure that the
individual’s freedom is protected in accordance with law. this provision (article 66) has been
made for the first time and marks a unique and important departure from the earlier
constitutions.
i) Subservience of Judiciary
The French do not believe in theory of separation of powers. under the constitution of
the Fifth Republic Judiciary has been relegated to a subsidiary position. the judges in the
France work under the Minister of Judicial Department. the emergence of the Higher Council
of Magistracy and a special law for the composition of judicial bodies has added to the
strength and independence of Judiciary to some extent.
j) Adoption of Principal of collegiality
In every Court, several judges collectively hear the case and give judgement. this is
the principal of collegiality. the French feel that it checks the corruptibility of the judges.
k) No separate courts for civil and criminal cases
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Unlike that of UK and India, in France any court can hear Civil or Criminal case. only
the Cassation code is an exception.
l) Provision of special courts
There is provision of special courts to resolve specific dispute through compromise is
and agreements.  some of the special courts are-Courts of Justice of Peace, Industrial
Disputes Tribunal, and Commercial Tribunals. These courts may be considered analogous to
arbitration courts operating in other democracies.
 Organisation of judiciary
As described above there are two types of courts in France, ordinary and administrative
a.) Ordinary courts
At the bottom of the ordinary Courts are Justices of Peace. they are appointed by the
President of the Republic on the proposal of the Minister of Justice. they have a limited and
summary jurisdiction over minor offences and civil disputes. in some cases, their decision is
final whereas in others appeals can be made to the Court of First Instance
These courts exist at the lowest tier of judicial hierarchy. such a court exists in East
Canton. in higher Cantons, more than one such court can also be established. Though these
courts have limited jurisdiction it can be extended keeping in view the crowding of work.
these courts aim at bringing the disputant parties on reconciliation table and come to
compromise
b.) Correctional courts
These courts consist of 3 judges each and deal with both civil and criminal cases. the
civil cases pertaining to sum or property of 3,000 Euro come to such courts.
c.) District court
In each French district, such a court has been provided. these courts can hear both
civil and criminal cases. These courts are equipped with both original and appellate
jurisdiction. they hear appeals from the decisions of the correctional courts.
Civil courts of First Instance are found in almost all Arrondisements (county). Each
court has three judges who are recruited through competitive examinations. they have
jurisdiction overall civil cases except those given in the loss as belonging to other courts. they
also hear appeals from the courts of the Justices of Peace and the Industrial Courts. their
criminal jurisdiction extends to cases of misdemeanour including theft and embezzlement but
not serious crime such as homicide.
d.) Provincial courts of appeal
Above the District Courts are the Provincial Appellate Courts which are as under:
1. Court of appeal
These courts hear appeals in both Civil and criminal matters against the decisions of
the courts of first instance. these courts are established in selected regions. appeals in civil
matter lie and when the sum involved exceeds Euro 200. these courts operate in two or more
divisions: each has at least 5 judges in its civil, criminal and indictment divisions. the
indictment division decides whether the accused is to be tried or not.
2. Coat of Assize
The serious criminal cases are tried by Courts of Assize, on appeal or in first instance.
this court holds its session in each department every three months. it has 3 judges and 9 jurors
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whose names are drawn by lot from the electoral roll. the presiding judge comes from the
court of appeal affiliated with the department. the other two judges come from the court of
first instance. decisions of these courts are final. there exists no right of appeal for a person
convicted by the Assize Court. he can only appeal to the Court after Cassation on a point of
law

3. Court of Cassation
At the top of judicial hierarchy is the Court of Cassation, which is the highest and
final Court of Appeal in France. it hears both Civil and criminal appeals. but it does not retry
the case. It simply determines whether the procedure followed by the lower Court was regular
or not and whether the judge had interpreted the law correctly. there is only one Court of
Cassation. it acts in three Chambers-criminal chambers, the Civil chamber and the Chamber
of request. each chamber has a President and 15 judges. criminal appeals go directly to the
criminal chamber, but civil appeals can pass through the Chamber of request, which forwards
only those appeals that it believes contain substantial ground for reversal. Unlike the
American or Indian Supreme Courts, the Court of Cassation does not pronounce guilt or
innocence. A reversal of Lower court decision i.e., a successful appeal merely means that the
case is sent back for retrial by another court of the same standing. according to Herman Finer,
“it is called Cassation because it may break the law of the Lower court, not the judgement. it
is France’s most distinguished Court.” its judges are appointed on the proposal of the High
Council of Judges (Conseil Superieur de la Majistrature)
It will not be out of place to point out that this court was set up according to the
constitution of the Fourth Republic but it was retained under the present constitution. it
consisted of one Chief Justice, 4 heads of subordinate departments and 60 judges. when it
was originated under the 5th Republic constitution the number of judges was cut down. the
court functions in 3 Division viz. petition division, civil division and criminal division. in a
division 16 judges sit.
4. Special courts
In addition to the above ordinary courts there are in France many special courts as
well. Industrial courts decide labour-employer disputes. expropriation courts decide
compensation claims of persons if their property is taken by the state for some public
purpose. the commercial courts try commercial disputes. these courts are mainly courts of
arbitration and conciliation. their judges do not belong to the cadre of magistrate. because
existence of these courts, the ordinary courts are not overburdened with such cases which
concerned professional disputes.
5. Administrative courts
Administrative courts have been constituted to administer what is called
‘administrative law’ which has been prevalent in France since very long. according to C.F.
Strong, administrative law is “the body of rules which regulate the relations of the
administrative authority towards private citizens and determines the position of state officials,
the rights and liabilities of private citizens in there dealing with these officials as
representatives of the state and the procedure by these which rights and liabilities are
enforced.” the system of Administrative law displays the following features:
1) it relieves the public officials of the jurisdiction of ordinary courts;
2) A special tribunal is setup to try officials when the latter are sued by private individuals for
their wrongful acts;
3) it deals with rules relating to the validity of Administrative decrees;
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4) it distinguishes official acts from personal acts;

5) it awards compensation to individuals for injuries sustained by them at the hands of arbitrary
State Authority;
6) it regulates the relations of Administrative authorities towards private citizens;
7) it determines the competence of Administrative authorities;
8) it lays down the method of granting redress to sufferers;
9) it determines the position of state, the officials and the rights as well as the liabilities of
private citizens and
10) it also prescribes the procedure for the enforcement of these rights and liabilities.
There are two types of administrator courts-the Regional Council and the Council of State
a. Regional Council
The Regional Council are the lowest administrative courts they are 22 in numbers and
each covers an area of the 2 to 7 departments. each Council consists of a President and four
or five councillors appointed by the minister of the interior. these Council have a limited
jurisdiction concerning only with the action or orders of local officials. they are concerned
mainly with questions of assessments, public works, local elections etc. The regional councils
are of two types first department prefectural councils and second provincial Council.
The departmental prefectural councils constitute the lowest unit. some have
established inter-departmental prefectural councils. Each such Council is composed of 4 to 5
councillors, one of Councillor acts the head. the decision is subject to appeal
The provincial Council hear appeals against the decisions of the department councils
b. Council of state
The Council of state is the highest appellate court for administrative law in France. it
consists of one Deputy head, 5 heads of sessions, 22 councillors ,45 masters of petition, 44
auditors-20 first class and 24 second class. its members are appointed by the President of the
Republic on the recommendations of the Council of Ministers. remember the members are
men of great knowledge and ability. it acts in sections and each section consists of 39
councillors. It sits in Paris. the most significant responsibility of the Council of state is to hear
appeals from the regional administrative tribunals and give attention to certain types of cases
in the first instance. its word is final in administrative courts cases. besides this judicial
function, the Council of State perform certain other functions also. it acts as a consultative
body and advices the government on legislations regarding such matter which fall outside the
sphere of parliament.  Similarly, the government before issuing ordinances on measures
normally within the legislative swear will consult the Council of state. the government bills
are discussed in the council of minister after consultation with the Council of state. In a sense,
the Council of states keeps on Eagle eye on the government to see that the process of
administration goes along properly and to check its arbitrariness.
Evidently, the Council of state is equal with both original and appellate jurisdiction.
cases pertaining to communes or departments come to it directly
 Other judicial institutions
Besides the above-described courts, the 1958 constitution of France provides for 3
new Judicial Institutions which are as follows:
Conseil Superieur de la Majistrature (Supreme Council of Judges)
The constitution declares the President to be the guarantor of the independence of
Judiciary and this task he is assisted by the concseil dela magistrature. it is presided over by
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the president of the Republic. The Minister of Justice is its ex-officio vice president who may
deputise for the President of the Republic, the council consists in addition, 9 other members
appointed by the President of the Republic. it makes proposals for appointments of judges of
the court of cassation, and of the presiding judges of the court of appeal. it gives its opinion
on the proposals of the minister of justice relative to the appointment of other judges. it is
consulted on questions of pardon. it also acts as the disciplinary Council for judges.
High Court of Justice
The High Court of Justice is composed of members elected in equal member by the
national assembly and the senate from within their ranks after each General or partial election
to these assemblies. it elects its president from amongst its member. after indictment by the
two assemblies for high treason, the president of the republic is tried by the High Court of
Justice. the members of the government also are tried by the High Court of Justice in the case
of a conspiracy against security of the state.
The constitutional Council
As described above the constitution of France does not provide for a system of
Judicial review as it is found in India or the USA. However, it does create a body, which,
within certain specific and narrowly defined limits, has the function of deciding on the
constitutionality of governmental or Parliamentary acts. such a body is the constitutional
Council created under title VII of the Constitution. it replaces the constitutional committee of
the 1946 constitution.
the constitutional Council consists of 9 members, whose term of office is 9 years, and is not
renewable. one third of the membership is renewed every three years. three of its members
are appointed by the President of the Republic, 3 by the President of National Assembly, and
3 by the President of the Senate. In addition to these 9 members, the President of Republic is
the Chairman and the Minister of Justice its ex-officio chairman. the chairman has a casting
vote in case of a tie. article 57 declares that the office of the member of the constitutional
Council shall be incompatible with that of a Minister or member of the Parliament.
the functions of constitutional counsellor are:
1. to ensure the regularity of the election of the President of the Republic
2. to examine complaints regarding Presidential elections
3. to declare the results of the votes for Presidential elections
4. to rule, in the case of a dispute, on the regulatory of elections of deputies and senators
5. to ensure the regularity of a referendum and proclaim the results thereof
6. to rule on the constitutionality of organic acts, before their promulgation, and standing
orders of the parliamentary assembly, before their implementation and 
7. to determine the constitutionality of the acts of Parliament before their promulgation,
when such acts are so submitted by the President of the Republic, the Prime Minister,
or President of the National Assembly, the President of the Senate, sixty Deputy or 60
Senators
Explaining the importance of the constitutional council in the French political system
Dorothy Pickles has remarked, “the Council has no general responsibility for ensuring respect
for the constitution. it can express its opinion only if consulted on the matters enumerated
above and on the initiative of the person mentioned. it has no power to enforce its decision.”
An appraisal of the functions and powers of the Constitutional Councils reflects i.e., of
unique French Institution. Hence, it has a prominent place in the French Constitution edifies.
its position can favourably compared with the Indian and American Supreme Court. Like its
prototypes in India and USA it is the Saviour of the French constitution. article 62 confirms
are contention regarding its tall structure in the constitutional Framework. a provision
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declared unconstitutional may not be promulgated or applied. decisions of the constitutional

Council are not subjected to appeal. they are binding on the public authorities and on all
administrative and judicial authorities.