Law of France

Law of France

French law has two main parts: private law and public law.

Private law deals with everyday matters like agreements between people and criminal law. Public law covers rules about how the government works.

These four areas—civil, criminal, administrative, and constitutional—make up most of French law. There have been discussions about how laws from the European Union fit into this system. The European Commission talked about creating new rules that would apply to all EU countries. This could make EU law an important part of the legal system in France.

Sources of law

Further information: fr:Sources du droit pénal français

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

French laws are organized in a special order. The most important rules are 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 European laws 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 elections 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. 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, but they are not official laws.

Past decisions in court cases are not official rules, but they can be important. Judges help shape the law over time, especially in areas like rules about 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, making them easier to understand.

History

Main article: Legal history of France

In the High Middle Ages, laws in France were different in each place, based on local customs. Around the 12th century, ideas from Roman law began to spread, 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 started to change and become more organized. Kings wanted more control, and by the 15th century, they began 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. This 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 gathers evidence, acting to find the truth. This is different from the adversarial model seen in some other countries, where parties play a bigger role. In French civil cases, one party must prove its case, but both sides and the judge work together to gather evidence. There is no strict rule for proof in civil cases; instead, the judge decides based on what they believe is true.

The court collects a dossier of documents and statements from the parties and shares it with them. Proceedings focus on written evidence and arguments, with short hearings. Witness testimonies are uncommon. The ministère public, an independent judicial official, sometimes helps in civil cases. The first level of appellate court checks both facts and law because of the dossier. It can also order more investigations. The Court of Cassation (highest civil appellate court) usually only decides on questions of law and sends the case back for more proceedings.

Criminal law

Main article: French criminal law

French criminal law is mainly governed by the Criminal code and the Code of criminal procedure. The Criminal Code stops crimes such as homicide, assault, theft, and money laundering, and gives general rules for sentencing. Some crimes, like slander and libel, are handled by separate laws.

Criminal procedure

Main article: French criminal procedure

After a crime happens, the police start an investigation. The prosecutor (procureur) or, in serious cases, the juge d’instruction controls or watches the investigation and decides if there will be a trial. Unlike in some other countries, French prosecutors are part of the judicial branch. Arrests or questioning suspects need judicial approval, but police often handle searches and phone-tapping because there are limited judicial resources. There are also simpler rules for crimes in flagrante delicto and crimes related to terrorism and drugs.

Other judges lead the criminal trial, usually without a jury. However, the most serious cases tried by the cour d’assises (a part of the Court of Appeal) have three judges and nine jurors who decide together. Like civil cases, criminal cases focus on written evidence and arguments, but witnesses usually also speak. Judges or prosecutors can bring in independent experts if needed. One appeal can be made on facts and law, except for decisions of the cour d’assises. Appeals can also be made to the Court of Cassation on questions of law. Other judges (the juge de l’application des peines) watch over the sentence and handle parole.

Public law

Public law deals with how the French government and its groups work.

Constitutional law

Main article: Constitution of France

French constitutional law includes the Constitution and its introduction, which lists key rights and ideas. These rights come from papers like the Declaration of the Rights of Man and of the Citizen and include freedoms such as the right to join groups and own things. The Constitutional Council decides if laws match the Constitution. Important people like the President and leaders of Parliament can ask the Council to look at laws.

Administrative law

Main article: Administrative law in France

When people have issues with the government, they can go to special government courts. The top of these courts is the Conseil d'État. Administrative law makes sure government actions are fair and help everyone. It covers things like public health and property rules. Courts check if government choices have good reasons, follow the right steps, and aim to help the public. They can tell the government to change or stop choices if needed.

European Union law

Main article: European Union law

The French Constitution lets France be part of the European Union (EU), a group of countries that work together. The Constitution has been changed so people from other EU countries can vote in some French elections.

Laws made by the EU are treated like international agreements. 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. But, EU laws are also very important. The main court for EU laws makes sure EU rules are followed. If an EU law and a French law disagree, EU law is followed.

The EU makes laws based on special agreements called treaties. These treaties set up the EU’s groups and what they can do. The main court for EU laws is the Court of Justice of the European Union (CJEU). EU laws can change French laws in many areas.

The EU can make rules that work right away or need approval from each country’s government. Either way, 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. They handle different types of cases. Some deal with government actions, while others handle disagreements between people or businesses. Judges in France are usually trained professionals. They study at a special school called the École Nationale de la Magistrature. There are also some judges who 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. 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.

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. 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.