Cameron Miranda
The French judiciary is divided into three tiers: inferior courts, intermediate appellate courts, and courts of last resort. The country's legal system is based on civil law, which places a greater emphasis on statutes as found within various codes, instead of case law. The French judiciary is independent of the legislative authority (government). The Constitutional Council (Conseil Constitutionnel) is the highest constitutional authority in France and is responsible for reviewing the constitutionality of French legislation. The Council's main activity is to rule on whether proposed statutes conform with the Constitution. The QPC procedure allows a party to a lawsuit to challenge a law for violating a right or freedom guaranteed by the Constitution. The French courts are presided over by judges, also known as Magistrats.
| Characteristics | Values |
|---|---|
| Can French judges challenge the constitutionality of a law? | No, the Conseil Constitutionnel (Constitutional Council) is the highest constitutional authority in France and is responsible for reviewing the constitutionality of French legislation. |
| Who can refer new acts to the Constitutional Council? | 60 opposition members of the National Assembly or 60 opposition members of the Senate. |
| Who appoints the members of the Constitutional Council? | The Constitutional Council 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. |
| What is the role of the Cour de Cassation? | The Cour de Cassation, the supreme ordinary court, hears appeals from the assize courts and the courts of appeal. |
| What is the role of the Conseil d'Etat? | The Conseil d'Etat, or Council of State, is the highest jurisdiction in matters of administrative law and is responsible for determining the legality of administrative measures. |
| What is the structure of the French judiciary? | The French judiciary is divided into three tiers: inferior courts of original and general jurisdiction, intermediate appellate courts, and courts of last resort. |
| What type of legal system does France have? | France has a civil law system, which means it places a greater emphasis on statutes within codes rather than case law. |
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What You'll Learn
The role of the Constitutional Council
The French judiciary is independent of the legislative authority (government). It is administered through the judicial courts, which are divided into two parts: judicial courts (criminal and civil law) and administrative courts. The structure of the French judiciary is divided into three tiers: inferior courts of original and general jurisdiction, intermediate appellate courts, and courts of last resort.
The Constitutional Council (Conseil Constitutionnel) is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to uphold constitutional principles and rules. It is housed in the Palais-Royal in Paris. Its primary activity is to rule on whether proposed statutes conform with the Constitution after they have been voted on by Parliament and before they are signed into law by the President of the Republic.
The Constitutional Council's composition is governed by Article 56 of the French Constitution, which sets the minimum number of judges to nine. They are appointed for nine-year terms, and to ensure their independence, their terms are not renewable. Three members are appointed by the President, three by the head of the National Assembly, and three by the head of the Senate.
The Constitutional Council's role includes overseeing the review of statutes before they are enacted, overseeing national elections, and answering citizens' questions about the constitutionality of laws. Since 1 March 2010, individual citizens involved in a trial or lawsuit have been able to request the council to review the constitutionality of the law applied in their case. This procedure is known as Question Prioritaire de Constitutionnalité (QPC). If the Constitutional Council rules a law to be unconstitutional, it is struck from the law books.
The Conseil d'Etat (Council of State), France's highest jurisdiction in matters of administrative law, refused to consider the constitutionality of legislation in a 1936 decision, upholding the principle of parliamentary supremacy. The Cour de Cassation, the Conseil Constitutionnel, and the Conseil d'Etat may be called upon to increase their exercise of conflicting decisions.
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The French judiciary's structure
The French judiciary is divided into two main types of jurisdictions: the judiciary and the administrative judiciary. The judiciary, also known as the ordinary courts (ordre judiciaire), handles criminal and civil litigation. The administrative judiciary, or administrative courts (ordre administratif), supervise the government and handle complaints.
The ordinary courts have jurisdiction over two branches of law: French civil law (droit civil) and French criminal law (droit pénal). The civil courts are divided into higher courts (grande instance) and lower courts (tribunaux d'instance). The criminal courts include tribunaux correctionnels (which handle misdemeanours) and tribunaux de police, or police courts (which try minor offences).
The administrative courts handle lawsuits involving the French state, local authorities, or other public authorities ruled by public law. These include litigation with local government bodies, such as a mayor's office. The administrative courts are divided into three tiers: first instance courts, intermediate appellate courts, and courts of last resort.
The French judiciary is also structured into three tiers: inferior courts of original and general jurisdiction, intermediate appellate courts, and courts of last resort. The courts of last resort hear appeals from lower appellate courts on the interpretation of law.
The Constitutional Council (Conseil Constitutionnel) is the highest constitutional authority in France and practices judicial review of legislative acts and laws. It was established by the Constitution of the Fifth Republic in 1958 to ensure that constitutional principles and rules are upheld. The Council of State (Conseil d'Etat) is the highest jurisdiction in matters of administrative law and is housed within the Constitutional Council.
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The Cour de Cassation
The Court of Cassation only decides matters of points of law or procedure and does not deal with factual errors or retry cases. Its primary purpose is to ensure uniformity in the interpretation of the law among all French courts. The Court has inherent appellate jurisdiction for appeals from courts of appeal or, for certain types of small claims cases, from courts of record. The Court can affirm a lower court's decision by dismissing the appeal or overturn or amend the decision by allowing the appeal.
While the Cour de Cassation plays a role in ensuring the constitutionality of laws in France, it does not have the authority to invalidate a law on constitutional grounds. Instead, the Constitutional Council (Conseil Constitutionnel) is the highest constitutional authority in France and is responsible for reviewing the constitutionality of legislation. The Council can strike down laws ruled as unconstitutional, and these decisions apply to everyone, not just the cases at hand.
Since 2010, individual citizens involved in a trial or lawsuit have been able to request the Constitutional Council to review the constitutionality of the law applied in their case. This procedure is known as question prioritaire de constitutionnalité (QPC). The QPC procedure has also increased the role of the Cour de Cassation, which acts as a gatekeeper for questions of constitutionality.
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The Conseil d'Etat
The Council of State originates from the 13th century when the King's Court (Curia regis) split into three sections, one of which was the King's Council. This further broke up into three parts: the Privy Council, the Private Council, and the Council of Finances. It was reorganized under Louis XIV into two major groupings, with the Conseil d'État privé, finances et direction being the direct ancestor of the modern-day Council of State.
The Council of State functions as a judicial body by adjudicating suits and claims against administrative authorities. Plaintiffs are represented by barristers from the Senior Court bar, and the Council hears cases against decisions of the national government, including government orders, ministerial rules, and regulations. It also reviews Cabinet-issued orders and statutory instruments, examines and signs off on all Orders of Council, and studies legal issues and problems brought before the Cabinet.
While the Conseil d'Etat does not have the authority to invalidate a law on constitutional grounds, it plays a role in the QPC procedure, acting as a gatekeeper for questions of constitutionality. The QPC procedure allows parties to a lawsuit to challenge a law for violating a right or freedom guaranteed by the Constitution.
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The QPC procedure
The Court of Cassation is the supreme ordinary court and hears appeals from the assize courts and the courts of appeal. It is also known as the "guardian of the law" and ensures that the interpretation of the law is uniform throughout the country. The Court of Cassation does not have the authority to deny a criminal appeal. The Council of State, on the other hand, is the highest jurisdiction in matters of administrative law and is responsible for determining the legality of administrative measures.
If the Court of Cassation or the Council of State admits the question of constitutionality, it is then forwarded to the Constitutional Council (Conseil Constitutionnel), which is the highest constitutional authority in France. The Constitutional Council has nine members: three appointed by the president, three by the head of the National Assembly, and three by the head of the Senate. The Council rules on whether proposed statutes conform with the Constitution and can strike down laws that are found to be unconstitutional.
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Frequently asked questions
The French judiciary is divided into three tiers: inferior courts, intermediate appellate courts, and courts of last resort. The Constitutional Council (Conseil Constitutionnel) is the highest constitutional authority in France and is responsible for reviewing the constitutionality of French legislation. The Council of State (Conseil d'Etat) is the highest administrative court and can quash regulations on constitutional grounds. Since 1 March 2010, individual citizens who are party to a trial or lawsuit have been able to ask for the council to review whether the law applied in the case is constitutional.
The Constitutional Council's main function is to supervise the constitutional conformity of acts of Parliament. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. The Council reviews statutes before they are enacted and oversees national elections. The Council can also be petitioned to review new acts before they are signed into law by the president of the republic.
The Constitutional Council is the highest constitutional authority in France and is responsible for reviewing the constitutionality of legislation. On the other hand, the Council of State is the highest administrative court and is responsible for determining the legality of administrative measures. While the Constitutional Council reviews statutes before they are enacted, the Council of State can quash regulations that violate existing statute law, constitutional rights, or general principles of law.
