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FRENCH JUDICIARY

HISTORY OF FRENCH JUDICIARYAncien RgimeThe Kingstrong symbol

believed to derive his powers from God

expected to administer justice fairly and quickly

delegated his power to his representatives

retained the right to intervene directly in the administration of justice

The Kings representatives (royal courts and Parlements) would dress up in a manner that reflected the Kings appearance

Judges responsibilities were purchased and later on, became hereditary in 1604

Confused system of courts as well as numerous possibilities per appeal made legal process slow and uncertain

French Revolution of 1789 swept away religious and monarchic conception of the judiciary

One of the aims was to simplify judicial organisation and to ensure independence of the judges and protect the citizens

Prison became the place in which sentences were served and not just places where defendants were held while awaiting judgment.

REVOLUTIONNAPOLEONIC REIGN

The reforms of the judiciary inspired by the Revolution were revised by Napoleon during his term as First Consul in 1800

The Napoleonic Code laid down principles of criminal procedure and trial rules, for the first time.

Judges were no longer elected but appointed by the government.

The judges were required to become, as Montesquieu had wished, "the mouth that pronounces the words of the law."

DE GAULLEFrom Napoleons fall to mid 20th Century, no far-reaching change

Major changes began during Charles De Gaulles term in 1958

STRUCTURE OF FRENCH JUDICIARYOrdinary Courts & Administrative Courts----------------------------------------------------------------------Inferior courts of original and general jurisdiction

Intermediate appellate courts

Courts of last resort

STRUCTUREADMINISTRATIVE COURTS

Judges the legality of administrative acts

Under the control of Council of State

COUNCIL OF STATENOT A COURT, but functions as a judicial body by adjudicating suits and claims against administrative authorities

Supreme court for administrative justice

Decisions are final and unappealable

Judge conflicts arising between persons

Juge de Proximit(Small or Minor offenses court)Deals with disputes which does not exceed 4000

CIVIL COURTS

deals with disputes involving claims not exceeding 10, 000

road traffic accidents, unpaid rent, poor workmanship, claims for damages

exclusive jurisdiction on guardianship, on declaration of acquisition of French nationality

Single judge assisted by court registrar

The Tribunal dinstance (Magistrates Court)

deals with disputes between private persons that are not allocated to any other civil court and civil disputes involving claims in excess of 10, 000

has exclusive jurisdiction in cases concerning filiation, matrimonial property, adoption, inheritance, ownership of real property and trademark law

College (three professional judges) assisted by court registrar

The Tribunal de Grande Instance (District Court)

deals with disputes between private persons and traders or between commercial companies

has exclusive jurisdiction to rule on consequences of economic difficulties of commercial companies and craftsmen

non-professional judges (traders who provide voluntary service and are elected for two to four years by other traders)

The tribunal de commerce (Commercial Court)

deals with disputes between employees or apprentices and employers

(collective disputes e.g. right to strike-not included)

non-professional judges -conseillers prudhommes

The Counseil des prudhommes (Labor Tribunal)hears disputes between social security funds and claimants (problems relating to funds)

Presiding judge (from District court) and non-professional assessors (appointed by the presiding judge of the Court of Appeals from the proposal of agricultural and non-agricultural trade union

The Tribunal des affaires de securite sociale (Social Security Court)

Tribunal paritaire des baux ruraux(Land Estate Court)

-deals with disputes involving immovable property (real estate), city planning, leases, foreclosures

deals with crimes (murder, rape, armed robbery,etc.) and attempted crimes

judgements may be appealed at Cour de cassationcomposed of three professional judges and a jury (nine citizens chosen by random)

terrorist acts or acts related to drug dealing are tried without a jury

Criminal CourtCRIMES major felonies,which are heard by the Assize court

Dlit/Infraction- less serious felonies which are heard by the Correctional court

Contraventions- minor crimes which are heard by the police court

PUBLIC OFFENSESThe tribunal de policetries petty offences, such as breaches of the peace at night, certain breaches of the Highway Code, or minor assaults.

The tribunal rules at the last instance, i.e. with no possibility of appeal, for the least serious offences.always consists of only 1 judge (usually a judge from the tribunal d'instance) who is assisted by a registrar.

The Police CourtIt is a section of the tribunal de grande instance, tries less serious offences (theft, fraud, misappropriation, serious assaults, etc).

It can impose prison sentences of up to 10 years (20 yrs in the event of a second offence) or alternatives to imprisonment, such as community service, a suspended sentence or probation.

Correctional CourtMay impose fines, or additional penalties such as a prohibition on exercising a professional activity, or suspension of the individuals driving license.

In general it rules as a college, with three professional judges from the tribunal de grande instance, including a presiding judge.

Certain less serious offences may, however, be tried by the tribunal correctionnel sitting with a single judge.

The judgments of the cour dassises may be appealed.As a court of the appeal ( cour dassises dappel),it consists of 3 professional judges and a jury of 12 who re-examine the whole case. The decision of the cour dassises dappel may itself be appealed at the Cour de cassation

It is the only court consisting of professional judges (three) and a jury (nine citizens chosen by drawing lots).

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COURT OF SESSIONSRe-examine judgements rendered in civil, employment, commercial or criminal matters

Decisions may be appealed to the Court of CassationComposed solely of professional judges

Cour dappel (Court of Appeal)The most serious crimes, for which the penalties may range to life imprisonment

do not sit regularly but are called into session when necessary

presided over by judges from the appeals courts

Cours d'assises (Assize Courts)

COURT OF CASSATIONHighest court of criminal and civil appeal in France

Aim is to ensure a uniformity of the interpretation of the law among all the French courts

Cour de cassationHISTORYInstituted during the French Revolutionary period, but ts roots go back to the Middle Ages

After 1967 the Cour de Cassation had one criminal chamber and five civil chambers, including those that dealt specifically with financial and commercial problems or with social problems

MEMBERS OF THE COURT:

First President

First presidents of the chambers

Justices

Assistant justices

only French citizens are eligible for judgeship

Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the judicial, administrative, or audit court stream

Judicial appointments must be approved by the High Council of the Judiciary

JUDGES

Judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the Council conducted in due process

handles the administration of courts and judiciary including paying salaries or constructing new courthouses funds and administers the prison system receives and processes applications for presidentialpardons proposes legislation dealing with matters of civil or criminal justice

The Minister of Justice is also the head of public prosecution.MINISTRY OF JUSTICE

http://www.nationsencyclopedia.com/Europe/France-JUDICIALSYSTEM.html#ixzz2ImMX0noG

http://www.edri.org/edrigram/number10.14/french-supreme-court-decisions-intermediarieshttp://www.eurofound.europa.eu/emire/FRANCE/SUPREMEADMINISTRATIVECOURT-FR.htmhttp://en.wikipedia.org/wiki/Judiciary_of_France

SOURCES:

SOURCES:

Aspacio, Nova AngeliqueBallesta, KevinCanales, RoselleGecomo, HanaPaglas, Datu YussefVicente, Jennifer