A short guide to the law and legal system in

France

1. The nature of legal systems

Unlike English-speaking countries, which use a system of "Common Law", France has
a system of "Civil 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).

2. 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
1804, and known as the Code Civil, or Code Napolon, (Civil code or Napoleonic
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. The Code
Civil remains the cornerstone of French law to this day, though it has been updated and
extended many times to take account of changing society. There are other codes,
including notably the Code Pnal, or Penal code, which defines criminal law.

3. The making of 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 Parliment,
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 (dcrets, ordonnances)
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.

4. The two branches of French law

Unlike the English-speaking countries, France has a dual legal system; one branch,
known as Droit public, or Public law, defines the principles of operation of the state and
public bodies. This law is applied generally through public law courts, known as les
Tribunaux administratifs. The other system, known as Droit priv, or private law, applies
to private individuals and private bodies.

4.1. Private law - le droit priv

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, and b) those dealing
with criminal offences
a) 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) Everyday offences and petty criminal matters are generally dealt with either by a Juge
de proximit (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 tried by jury.

4.2. 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.

5. How the courts operate in France

French courts are presided over by Juges (Judges) also known
as Magistrats(magistrates). Magistrats, are highly qualified professionals, almost all of
whom have graduated from the postgraduate School of Magistrature; they are high-
ranking juges . In other words, a French Magistrat is not at all the same as a Magistrate
in the English legal system.
Criminal court proceedings can be overseen by a juge d'instruction. The judge who is
appointed to the case is in charge of preparing the case and assessing whether it should
come to court. In legal jargon, this system is known as inquisitorial, as opposed to
the adversarial system used in Common Law legal systems.
In court, the judge or judges arbirate between the the prosecution and the defence,
both of which are generally represented by their lawyers, or avocats. The French judicial
system does not have recourse to juries except in assize courts.
If the case goes to appeal, the arguments of the prosecution and the defence are
taken over by appeals specialists known as Avous.

6. Ongoing reforms
In 2008, President Sarkozy announced plans to further reform and streamline the
French judiciary. Among the reforms are plans to reduce the number of courts, move
court procedures towards a more adversarial system, and to get rid of the system of
avous in the courts of appeal. This change has not yet been implemented.
One reform recently tried out in a couple of Tribunaux correctionnels (criminal courts)
was the introduction of trial by jury, previously limited to the assize courts. Juries in this
case were made up of six members of the public, and three magistrates. But in 2013, the
socialist administration of Franois Hollande decided to scrap this reform, claiming the
process was expensive, slowed down the judicial procedure, and did not produce any
significant change in results.