Law of France

French law has a special system with two main parts: private law and public law. Private law, also called judicial law, deals with everyday matters like agreements between people and criminal law. Public law, known as administrative law, covers rules about how the government works and administrative law.

These four areas—civil, criminal, administrative, and constitutional—make up most of French law. In recent years, there have been discussions about how laws from the European Union fit into this system. The European Commission talked about creating new criminal offences that would apply across all EU countries, which could mean EU law becomes another important part of the legal system in France.

Sources of law

Further information: fr:Sources du droit pénal français

In France, laws come mostly from written rules made by the government. This is different from some other countries where past decisions in court cases help decide new laws. In France, lawyers also look at past court decisions and ideas from experts to understand the law better, but these are not official rules.

French laws are organized in a special order. The most important are rules about how the government works. Next come agreements with other countries, then laws made by Parliament, and finally smaller rules made by government leaders. Some important laws in Europe are also part of France’s rules, even though France’s own constitution is the highest rule.

There are different kinds of laws. Some are about how elections work or how judges do their jobs. Others are decided by voting of the people. Some laws are made by leaders instead of Parliament, and these usually last for a short time before Parliament reviews them. Most laws are made by Parliament about topics like people’s rights and crimes. Leaders can also make rules about things not listed in the main rules, and these have the same force as laws. These guidelines help government workers and judges know what to do, but they are not official laws.

Past decisions in court cases are not official rules, but they can be very important. Judges help shape the law over time, especially in areas like rules about hurt feelings or government actions. Even though the highest courts do not list past cases in their decisions, lower courts often think about them. There are many books called “codes” that collect laws together in an organized way, making them easier to understand.

History

Main article: Legal history of France

In the High Middle Ages, laws in France varied a lot from place to place, based on local customs. Around the 12th century, ideas from Roman law started to appear, taught by teachers from Bologna in places like southern France and Paris. But these ideas were mostly studied and not used much in everyday courts, especially in northern France.

Over time, laws in France began to change and become more organized. Kings wanted more control, and by the 15th century, they started making their own rules. Important laws, like the Ordinance of Montils-les-Tours in 1454, made sure local customs were written down and approved.

After the French Revolution in 1789, big changes happened. New rules were made to replace old ones, including the Civil Code in 1804, which brought together many ideas from Roman law, old French rules, and new thoughts about fairness. These new laws were written clearly so that everyone could understand them.

Private law

The term civil law in France refers to private law (laws between private citizens), and should be distinguished from the group of legal systems descended from Roman Law known as civil law, as opposed to common law.

The major private law codes include:

• The Civil Code,
• The Code of Civil Procedure,
• The Commercial Code, and
• The Intellectual Property Code.

Civil procedure

France follows an inquisitorial model, where the judge leads the proceedings and the gathering of evidence, acting in the public interest to bring out the truth of a case. This is contrasted with the adversarial model often seen in common law countries, where parties in the case play a primary role in the judicial process. In French civil cases, one party has the burden of proof, according to law, but both sides and the judge together gather and provide evidence. There is no strict standard of proof in civil cases, like the preponderance of the evidence under American law; instead, primacy is given to the judge's intime conviction, based on the principle of "free evaluation of the evidence."

The court gathers a dossier of pleadings, statements of fact and evidence from the parties and makes it available to them. Proceedings focus on written evidence and written argument, with brief hearings. Witness testimonies are uncommon. The ministère public, an independent judicial official, sometimes plays an advisory role in civil proceedings. In principle, the first level of appellate court reviews questions of both fact and law, and it is able to do so because of the dossier. It can also order additional investigations and production of evidence. The Court of Cassation (highest civil appellate court) generally only decides questions of law and remands the case for further proceedings.

Criminal law

Main article: French criminal law

French criminal law is governed first and foremost by the Criminal code and the Code of criminal procedure. The Criminal Code, for example, prohibits violent offenses such as homicide, assault and many pecuniary offenses such as theft or money laundering, and provides general sentencing guidelines. However, a number of criminal offenses, e.g., slander and libel, have not been codified but are instead addressed by separate statutes.

Criminal procedure

Main article: French criminal procedure

After a crime occurs, the police make initial investigations. The prosecutor (procureur) or, in some serious cases, the juge d’instruction then control or supervise the police investigation and decide whether to prosecute. Unlike common law countries and many civil law countries, French prosecutors are members of the judicial branch. Issuing arrest warrants or formally questioning the accused or witnesses must receive judicial approval, but decisions on searches and phone-tapping are often delegated to the police because of limited judicial resources. There are also simplified procedures for crimes in flagrante delicto and crimes relating to terrorism and drugs.

Other judges then preside at the criminal trial, typically without a jury. However, the most serious cases tried by the cour d’assises (a branch of the Court of Appeal) involve three judges and nine jurors who jointly determine the verdict and sentencing. Like civil proceedings, criminal proceedings focus on written evidence and written argument, although witnesses are usually also heard orally. Judges or prosecutors order independent experts for the proceeding, if necessary. One appeal can be made on questions of fact and law, save for decisions of the cour d’assises. Appeals may also be made to the Court of Cassation on questions of law. Other judges (the juge de l’application des peines) supervise the sentence and deal with parole.

Public law

Public law deals with the powers and organization of the French government and its bodies.

Constitutional law

Main article: Constitution of France

French constitutional law includes the Constitution and its preamble, which lists important rights and principles. These rights come from documents like the Declaration of the Rights of Man and of the Citizen and include freedoms such as the right to associate and own property. The Constitutional Council decides if laws follow the Constitution. Important people like the President and leaders of Parliament can ask the Council to review laws.

Administrative law

Main article: Administrative law in France

When people have problems with the government, they can take their case to special administrative courts. The highest of these courts is the Conseil d'État. Administrative law makes sure government actions are fair and serve the public good. It covers things like public health and property rules. Courts check if government decisions have a legal basis, follow proper steps, and aim to help the public. They can order changes or cancel decisions if needed.

European Union law

Main article: European Union law

The French Constitution allows France to be part of the European Union (EU), a group of countries that work together on important issues. The Constitution has been changed to let people from other EU countries vote in some French elections. Laws made by the EU are treated like international agreements, and they are more important than normal French laws. Special French courts decide if French laws follow EU rules.

French courts think the French Constitution is the most important, even more than EU agreements. But, EU laws are also very important. The main court for EU laws makes sure that EU rules are followed. If an EU law and a French law disagree, EU law is followed. This idea has been accepted more and more by French courts.

The EU makes laws based on special agreements called treaties. These treaties set up the EU’s groups, what they can do, and where they can make rules. The main court for EU laws is the Court of Justice of the European Union (CJEU). EU laws can change French laws in areas like civil, criminal, administrative, or constitutional law.

The EU can make rules that work right away or need to be approved by each country’s government. Whether they work right away or need approval, they become part of France’s laws.

Judicial institutions

French judicial system

French courts have many names, such as juridiction, tribunal, and cour. The Constitutional Council and Council of State act like courts even though they are called councils. These courts handle different types of cases. Some deal with public law, like government actions, while others handle private law, like disagreements between people or businesses. Judges in France are usually trained professionals who pass exams and study at a special school called the École Nationale de la Magistrature. There are also some judges who are not professionals, and they help with less serious cases.

Administrative law courts

The Council of State is the top court for administrative law. It started from an old group that helped the king with legal problems. The Council of State listens to appeals and gives advice on laws. There are also lower courts that handle smaller cases about government actions.

Civil and criminal courts

The Court of Cassation is the highest court for civil and criminal cases. It has different groups to handle topics like contracts, family matters, business, and crime. There are also many lower courts that deal with smaller cases. Some courts are special for business matters, and others handle criminal cases of different seriousness levels.

Constitutional Council

The Constitutional Council checks if laws follow the country's rules. It was created in 1958. Leaders like the President and members of Parliament can send laws to this council to check if they are fair. The council has nine members chosen by different leaders.

Lawyers

In France, to become a lawyer, you usually study law in school, pass an exam, and train at a special school for lawyers. There is also another way for people with certain qualifications to become lawyers without some of the steps.