Cameron Miranda
The French legal system has a variety of sources of law, including the Constitution, legislation, case law, and scholarly legal literature. When citing French case law, it is important to follow the standard conventions used in legal citations. The Bluebook, a widely used legal citation guide, provides general guidelines for citing foreign legal materials and specific details for France. Court decisions can be found in official series, websites, and three recueils généraux (general collections). The most common way to look up decisions is by the date, subject matter, or keyword of the case. Additionally, the IALS Library at the Institute of Advanced Legal Studies offers a collection of French law resources, including legislation, codes, law reports, and academic treatises.
| Characteristics | Values |
|---|---|
| Case citation | Requête (req.) followed by a unique case number |
| Court decisions | Gazette du Palais, Table chronologique, Bulletin des Arrêts de la Cour de Cassation, Droit Administatif (Juris-Classeur) |
| Statutes | Institutional act (loi organique), ordinary act (loi ordinaire), or ordinance (Ordonnance) |
| Regulations | Décrets (issued by President or Prime Minister), arrêtés (issued by ministers) |
| Statute and regulation publications | Journal Officiel de la République Française (cited as J.O.), Legifrance website |
| Databases | Lexis360, Le Doctrinal, World Constitutions Illustrated, Hein Online database |
| Codes | Code Civil, Code Pénal, Codes Dalloz (formerly Petits Codes Dalloz) |
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What You'll Learn
Citing French statutes and regulations
The Bluebook (KF245 .U5 2020) Rule 20 and Table 2.13, France, Republic of (as of the 21st edition, available exclusively online) provides guidance on citing French law. Rule 20 outlines the general guidelines for citing foreign law, while Table 2.13 offers details specific to French legal materials. The Bluebook covers citing cases, constitutions, codes, statutes, decrees, legislative materials, and electronic sources.
French statutes (les Lois) are enacted by the French Parliament (Le Parlement). They can take the form of institutional acts (loi organique), ordinary acts (loi ordinaire), or ordinances (Ordonnance). The executive branch can also enact regulations (règlements), which become décrets when issued by the President or Prime Minister, and arrêtés when issued by ministers.
Statutes and regulations are published in the official legal gazette, the Journal Officiel de la République Française (Official Journal of the French Republic), which is available online through Légifrance from 1869 to the present. The journal is published daily and is commonly cited as J.O. The Legifrance website offers access to laws published in the journal from 1947 to the present, with texts from June 2004 onwards certified with electronic signatures. While the print version of the journal ceased publication in 2015, academic researchers can access it through Lexis360 and Doctrinal.
The full consolidated and official versions of the codes are available in French on Legifrance. Academic researchers may also find codes on Lexis360 and Le Doctrinal. Lexis360 reproduces Legifrance codes and includes annotations and comments from various authors, academics, and practitioners. Additionally, the IALS Library regularly receives updated print versions of the Code Civil and the Code Pénal, along with other compilations of French law known as "Codes Dalloz." These volumes offer a systematic and thematic approach to current French law and serve as an excellent starting point for understanding specific legal topics.
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Citing case law from French courts
When citing case law from French courts, it is important to follow the correct format and structure. Here is a comprehensive guide to help you through the process.
Firstly, it is essential to understand the sources of French law. The Constitution is the supreme source of law in France. The consolidated version of the Constitution of 1958, including amendments, can be accessed on Legifrance in French. It is also available in other languages on World Constitutions Illustrated, which is part of the Hein Online database. Statutes (les Lois) are passed by the French Parliament (Le Parlement) and can take the form of institutional acts (loi organique), ordinary acts (loi ordinaire), or ordinances (Ordonnance). These statutes are published in the official gazette, known as the "Journal Officiel de la République Française" or J.O. for short, which is published daily. The Legifrance website provides access to the laws published in the Journal Officiel from 1947 onwards, with texts from June 2004 onwards certified with electronic signatures. Additionally, the Codes Dalloz, formerly known as Petits Codes Dalloz, is a series of compilations of French law published by Dalloz. These volumes, recognised by their red covers, offer a systematic and thematic treatment of current French law and include relevant pieces of legislation, summaries of jurisprudence (case law), and references to doctrinal writing.
When citing case law, there are several key resources to consider. The Bulletin des Arrêts de la Cour de Cassation contains decisions of the Cour de Cassation, both for the Chambre Civile and the Chambre Criminelle. The Droit Administratif (Juris-Classeur) publishes selected decisions in administrative law. Additionally, the three recueils généraux (general collections) are commonly used to find court decisions: the Bulletin des Arrêts de la Cour de Cassation (for decisions from 1986 to 2007 at IALS Library), the Droit Administratif (for selected decisions in administrative law from 1964 onwards at IALS Library), and the Gazette du Palais, which indexes the other two collections. When citing, "Requête" is abbreviated as "req." and precedes the unique case number, with no need to repeat any year information.
It is worth noting that the Bluebook (21st edition) provides specific guidelines for citing French legal materials, including cases, constitutions, codes, statutes, decrees, legislative materials, and electronic sources. Rule 20 (R20) offers general guidelines for citing foreign materials, while Table 2.13 (T2.13) provides France-specific details. Additionally, the Guide to Foreign and International Legal Citations, created by the Journal of International Law and Politics at New York University, covers France and provides citation rules for international organisations, tribunals, and treaties.
Finally, electronic databases such as Lexis360 and Le Doctrinal (also known as Doctrinal) provide valuable resources for accessing and citing case law. Lexis360 includes a section called Encyclopédies, featuring over 50 JurisClasseurs and other legal encyclopaedias, while Le Doctrinal offers academic users access to electronic collections of legislation, case law, commentary, and journals.
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Citing French codes
The French legal system is based on civil law and consists of five core codes: civil, civil procedure, commercial, criminal, and criminal procedure. There are numerous additional codes that address other matters. All codes are available in French on the government's Legifrance site. The five major codes, as well as several others, are also available in English on the Legifrance site. However, it is important to note that the English translations are not authoritative, and in any conflict between the two versions, the French version prevails.
When citing French codes, it is essential to follow the standard conventions established by the specific jurisdiction or style guide you are adhering to. Here are some general guidelines and examples to help you cite French codes accurately:
- The Bluebook (KF245 .U5 2020): The Bluebook provides comprehensive guidance on citing foreign law, including French legal materials. Refer to Rule 20 for general guidelines on citing foreign law, and Table 2, Section T2.13 for details specific to French legal materials. This will guide you in citing French cases, constitutions, codes, statutes, decrees, legislative materials, and electronic sources.
- Case Citations: When citing French case law, the Requête (req.) precedes the unique case number. There is no need to repeat any year information. The Gazette du Palais indexes selections of decisions from all courts. For decisions of the Cour de Cassation, refer to the "Bulletin des Arrêts de la Cour de Cassation" for both the Chambre Civile and the Chambre Criminelle. For administrative law decisions, refer to "Droit Administratif (Juris-Classeur)".
- ECLI (European Case Law Identifier): France has adopted the ECLI system for neutral citation. This system uses a standard structure to identify court decisions, facilitating the citation and retrieval of case law across European countries. An example of an ECLI citation for French case law is: "ECLI:FR:CCASS:2013:CR00710" which refers to a decision made by the Chambre Criminelle de la Cour de Cassation on February 27, 2013, with the case number 12-81063.
- Specific Code Citations: When citing specific French codes, refer to the following examples: For the Code de commerce, the English translation is available as "French Commercial Code in English" published by Oceana Publications. For the Code pénal, an English translation is available as "The French Penal Code of 1994 as Amended as of January 1, 1999," translated by Edward A. Tomlinson. For the Code de procédure pénale, an English translation is available as "The French Code of Criminal Procedure."
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Citing French constitutions
The current French Constitution, typically called the Constitution of the Fifth Republic, was adopted on 4 October 1958. It replaced the Constitution of the Fourth Republic of 1946, with the exception of the preamble per a 1971 decision of the Constitutional Council. The French Constitution established a semi-presidential system of government, with two competing readings. In the first reading, the executive branch has both a president and a prime minister, as is commonly seen in parliamentary systems. This reading is supported by Articles 5 and 21 of the Constitution, which state that the president is a guardian of the state and of the Constitution, while the prime minister has the power to decide on government actions and policies.
The Constitution outlines methods for its own amendment, which can be done via a referendum (Article 11) or a parliamentary process with presidential consent (Article 89). The normal procedure for amending the Constitution involves both houses of parliament adopting the amendment in identical terms, followed by a simple majority referendum or a three-fifths supermajority vote of the French Congress, a joint session of both houses of parliament.
The French Constitution has been amended twenty-five times since its inception, notably in 2008 and most recently in 2024. One of the cornerstones of the Constitution is the establishment of the Constitutional Council, which is composed of nine justices. This council serves as a check against unconstitutional legislative activities, a trend that emerged during post-war Europe.
When citing French case law, the unique case number is preceded by "Requête", abbreviated as "req." in citations. The "Gazette du Palais" serves as an index for decisions from all courts, providing access to other finding aides. The "Bulletin des Arrêts de la Cour de Cassation" publishes decisions of the Cour de Cassation for both the Chambre Civile and the Chambre Criminelle.
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Citing French decrees
To cite French decrees, you can use the following template as a guide:
{{cite French decree|number or usual name=no _o |date in French=|full name=|article=|articles=|language=|lower case=|URL=}}
For example, here is a fictional decree cited using the above template:
{{cite French decree|number or usual name=no 123-456|date in French=1 janvier 2023|full name=fictional decree relating to universities|article=5|language=French|URL=http://www.example.com}}
This would appear as: Décret no 123-456 du 1 janvier 2023 relatif aux universités, article 5 (in French)
Note that the date is written in French and that only the first letter of the first word is capitalised. The full name of the decree is usually capitalised, but this may vary depending on the specific style guide or publication you are using.
The Gazette du Palais, Table chronologique, and Bulletin des Arrêts de la Cour de Cassation are useful resources for finding French case law.
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Frequently asked questions
The databases Lexis360 and Le Doctrinal offer access to electronic collections of French case law, commentary, and journals. The IALS Library at the Institute of Advanced Legal Studies also has a good collection of French law, including legislation, codes, law reports, and academic treatises.
The most common way to look up decisions of French courts is by the date of the decision, the subject matter, or a keyword from the case. The three recueils généraux (general collections) that contain court decisions are the Bulletin des Arrêts de la Cour de Cassation, Droit Administratif, and Gazette du Palais.
Statutes and regulations are published in the Journal Officiel de la République Française, which is published daily and cited as J.O. The Legifrance website makes available the laws published in the Journal Officiel from 1947 to the present.
The consolidated version of the Constitution of 1958 is available on Legifrance in French, including amendments. It is also available in other languages on World Constitutions Illustrated, which is part of the Hein Online database.
The Codes Dalloz (formerly Petits Codes Dalloz) is a series of around 20 current volumes that offer a systematic and thematic treatment of French law. They are easily recognised by their red covers and can be found at the IALS Library.
