Judiciary of France

The organization of the French courts is based on a strict separation between ordinary and administrative courts (ordre de juridiction judiciaire and ordre de juridiction administrative ) in French law. It is based on the principle of the separation of administrative and judicial authorities ( principe de séparation of autorités administrative et judiciaires ) basis, which goes back to a law from 16 to 24 August 1790. After this, it is the judge ( of general jurisdiction ) prohibited " to disrupt the work of the administrative authorities in any form, in particular no legal proceedings against them admit " (French: " de troubler de quelque manière que ce soit les opérations the corps administratifs, citer ni devant eux les administrateurs en raison de leurs fonctions ").

The assignment will decide in cases of doubt, the Tribunal of Conflits. Also outside the division into ordinary and administrative courts finally located the Constitutional Council.

• 2.1 Tribunal administratif
• 2.2 Cour administrative d'appel
• 2.3 Conseil d'État

Civil Proceedings

Ordinary jurisdiction is responsible for all legal proceedings in private law, which in French law ( unlike, say, in German ) and the criminal law is part of private law.

Courts of first instance

In the courts of the first instance therefore first is between civil and criminal jurisdiction ( juridiction civile and juridiction repressive ) to distinguish.

Civil jurisdiction

Tribunal de Grande Instance (TGI)

→ Main article: Tribunal de Grande Instance

The Tribunal de Grande Instance ( TGI short ) is responsible for all cases that are not assigned to another court, thus in particular for all procedures with a value of over € 10,000.

Each TGI may have several chambers which usually decide by the chairman and two other judges as observers, according to a law of July 10, 1970, however, under certain conditions, decide by a judge, if the parties agree. The parties must be represented at trial by an attorney acts ( représentation ), but may even argue ( assistance). Negotiations are usually publicly (s audience publique ), but can - for example in divorce matters - even to the exclusion of the public ( en chambre du conseil ) take place; the judgments are, however, always announced publicly.

In France, there are currently 181 TGIS, their number is after a decree of 15 February 2008 ( décret n ° 2008-145 ), however, by 23 to 158 can be reduced. You decide about 600,000 cases per year.

Tribunal d'Instance (TI )

The Tribunal d'Instance (short TI) has general jurisdiction (with some exceptions in favor of TGI and certain special dishes ) for all cases with a value of up to € 10,000. In addition, it has particular responsibilities, for example for the Housing Tenancy.

On TI basically quote a single judge, may occur even before the parties. The representation ( both représentance and assistance) but by a lawyer, a close relative or the spouse possible.

The number of 476 TI is to be reduced to January 1, 2010 by 177 to 299.

Special Meals

In addition to TGI and TI are a number of specialized tribunals, including:

• The tribunaux de Commerce (German Commercial Courts ), in which only selected merchants judge and decide the approximately 200,000 cases annually.

• The conseils de prud'hommes who decide each year on approximately 170,000 labor disputes and are occupied as part of the labor courts in half with elected representatives of the employer and the other half are employee representatives; in the event of a deadlock, the judge decides Destí.

• The tribunaux paritaires of Baux Ruraux (German land lease dishes ) that determine land lease contracts (about 3,500 cases per year) and with two landlords and tenants, as well as a judge are occupied.

• The since 2003 existing juridictions de proximité, with legally experienced individuals (eg former high officials ( magistrats ) are occupied and decide cases with a value up to 4,000 €.

Criminal jurisdiction

Tribunal de Police

The tribunal de police is exclusively for contraventions of the fifth grade - offenses that weigh particularly heavy ( but still no délit represent ) - and single him responsible by décret assigned contraventions of a lower class.

Tribunal correctionnel

The tribunal correctionnel is responsible for délits - violations of law that are punishable by imprisonment or fines of at least € 3,750 ( approximately correspond to the offense under German law ).

Cour d' assises

The cour d' assises (English Assize Court ) is ultimately responsible for crimes - particularly severe violations of law that are generally punishable by a prison sentence ( corresponding to German law about the crime ). It is, unlike tribunal de police and tribunal correctionnel not a permanent institution, but rather enter the cours d' assises only once every three months ( mostly in the capital of the department ) together. They consist not only of three senior officials ( magistrats ), but also from a nine-member jury, which is composed of the electoral lists of the region. Any decision to the detriment of the accused requires under Article 359 of the Penal Code de procédure a majority of eight votes to four.

Special Meals

Even in the criminal justice system, there are several courts of special jurisdiction, such as:

• The first created in 2003 juridictions de proximité responsible for all contraventions of the first four classes and must not impose a custodial penalties.

• The juridictions pour mineurs (English juvenile courts ) to which the juge des enfants (responsible for contraventions of the fifth grade and délits ), the tribunal pour enfants ( contraventions of the fifth grade and délits and crimes that were committed by offenders under 16 years) and the cour d' assises of mineurs ( crimes that were committed by 16 to 18 year olds ) belong.

• The juridictions and Military (German military courts ), which include the competent only in times of war tribunaux Armées des forces, moreover, various (special) compositions of tribunaux correctionnels and of cours d' assisses.

• Which consists of parliamentarians Haute Cour de Justice, before after Article 67 of the Constitution, the President can be charged with treason.

• From parliamentarians and senior officials existing Cour de Justice de la République, the actions brought against ministers who have committed crimes in their office délits or decides.

Instance courts

Through the appeals process, a method can be brought before a court instance. Initially by Appel (equivalent in German law about the appeal ), the cour d'appel extent permitted is called a rule, the pourvoi en cassation then is (roughly corresponding to the revision ) before the cour de cassation possible.

Cour d'appel

After the principe du double degré de juridiction it is possible in principle, by Appel, a decided by a court of first instance the case of a second court, the Cour d'appel (English Court of Appeal, in Germany are appeals against official court decisions - with the exception of family matters and certain matters of voluntary jurisdiction - the county courts, the decisions of the district courts in civil matters and family courts, the courts of Appeal jurisdiction, see § § 71, 72, 119 Judicature Act - to allow GVG ) decide again. The judges decide this new all factual and legal issues (so-called devolutive ( effet dévolutif ) ). Until its decision ( and the expiry of the deadline for the appel ) the first instance judgment is also - usually - not enforceable (so-called suspensory ( effet suspensif ) ).

However, the calls is only possible if the decision at first instance en dernier ressort et premier (German: in first and last instance ) is not delivered, but à charge d'appel. This is in all civil matters, which have a value in dispute of more than 4,000 €, the case in criminal matters existed until 2000, regularly only to judgments of the tribunal correctionnel the possibility of Appeal. A law of 15 June 2000 now also allows appealed against decisions of the cour d' assises, which however is not decided by the cour d'appel, but by another cour d' assises ( by then a twelve -person jury ). In addition, in criminal law, a pourvoi en révision ( retrial ) after the lapse of the time limits for appeals process is possible in exceptional cases, the decision is made before the Court of Cassation ( Cour de Cassation ).

In France, there are 35 cours d'appel, which usually consist of several chambers.

Cour de cassation

→ Main article: Court of Cassation (France)

A decision of the cour d'appel, as well as against a first instance decision en dernier ressort et premier, against the no is called admissible, the appeal of pourvoi en cassation may be lodged within two months. In criminal law, it has a suspensive effect.

The Cour de cassation decided solely on legal questions may be directed only against the application of the law of the lower court pourvoi. Otherwise, it is in accordance with Article L. 131-6, alinéa 2 of the code de l' organization judiciaire ( COJ ) is not permitted for a decision.

Follow the Cour de cassation of the decision of the lower court, there is but one arrêt de rejet and thus ends the process permanently. Otherwise, however, was made a fermata de cassation, which cancels the previous sentence; this usually makes - since the Cour de cassation decides no factual issues - a new judgment required that proceeds by a (different ) cour d'appel, to which the Cour de Cassation refers the case. The cour de cassation but then decide without further referral even if the decision is not a new judgment on the dispute requires (Art. 627, alinéa one of the nouveau Code of Civil Procedure ( NCPC ) and Article L. 411-3, alinéa 1 of the may decide COJ ) or the cour de cassationauf basis of pre-cleared factual issues (Art. 627, alinéa 2 of the NCPC and Article L. 411-3, alinéa 2 of COJ ). Follow the cour d' appel its on the fermata de cassation following this decision not ( " rébellion " ), then a renewed pourvoi en cassation possible. This is - if the decision for the same reasons as before, different - now in the Assemblée plénière (Eng. Assembly ), consisting of representatives of all six chambers of the Cour de cassation decided, this decision for the cours d'appel, on which is referred to in the event of another arrêt de rejet, pursuant to Article L. 431-4 of the COJ is binding.

In addition to the decision in the Assemblée plénière, which meets also at important questions of principle ( principe de questions ), the Cour de cassation mixte in the constellation of a Chambre decide are represented in at least three of the six divisions of the Court. This occurs together when multiple chambers are affected by the decision or go the opinions of the individual chambers to a question of law apart. In addition, the agency responsible for the affected area of ​​law chamber alone decides by three ( formation restreinte ) or five ( formation ordinaire ) judges.

Administrative jurisdiction

The total administrative jurisdiction is regulated in France in the Code de justice administrative ( CJA ) of 4 May 2000.

Tribunal administratif

In the first instance for administrative courts basically the tribunal administratif responsible. Exist only in a few areas of expertise of special courts, such as the existing since 1807 Cour des comptes (German Court ), the next place to control functions with respect to the government and parliament and s premier et dernier ressort (without possibility of appeal ) judges or the cour de discipline budgétaire et financière (English Court of budgetary and financial discipline ), which exists since a law of 25 September 1948, composed of judges of the Cour des Comptes and the Conseil d' État.

The tribunaux administratifs usually consist of multiple chambers, the Tribunal de Paris, however, is divided into sections (English sections). In addition to her duties in the field of jurisprudence, they also perceive administrative and advisory responsibilities in particular for the prefect.

Cour administrative d'appel

Only since the law n ° 87-1127 of December 31, 1987, is generally permissible under Article L. 321-1 of the CJA to take action against the decision of a tribunal administratif by Appel and eight to pull the cours administrative d'appel before a that exist in France since 1 January 1989.

Conseil d' État

→ Main article: Conseil d' État (France)

Although the Conseil d' État already in the French Constitution was of 22 Frimaire of the year VIII provided ( according to the calendar of the French Revolution December 13, 1799 ), but to a law of 24 May 1872, he had only an advisory role. Since 1872, he also performs judicial functions, the first five of its six sections (English sections) but continue to serve consulting and administrative tasks.

The competent authority for the jurisdiction sixth section ( "section you contentieux " ) is divided into ten sous -sections, both - on particularly important or complex legal issues - in the first instance to decide as well - for example, questions of local suffrage - in the second instance as a juge d'appel and finally - all pourvois en cassation - the highest court. However, these are only in certain clearly regulated by law, possible, particularly in vices de forme (German form errors), vices d' incompétence (Eng. lack of jurisdiction [ie the Court the previous instance ] ) or violations de la loi ( dt. violations of the law ). As the Cour de cassation decides the Conseil d' État in principle on matters of substance. Accordingly, it can be a decision that he has canceled, refer back to another court ( same rank ); closes this not the opinion of the Conseil d' État, the latter then decides final. He can also 821-2 of the CJA, the case also opt for a decision set aside even if it is the interests of those under Article L..

Tribunal of conflits

→ Main article: Tribunal of conflits

The strict separation between ordinary and administrative jurisdiction bears the existence of the tribunal of the conflits (German court conflict ) account, which was created by an Act of 24 May 1872 and an equal number of senior officials ( magistrats ) composed of both jurisdictions. President of the Court, the French Minister of Justice.

It decides on the one hand cases in which both ordinary and administrative courts hold responsible for ( conflits de competence positifs ) and on the other hand, cases in which the two jurisdictions has no jurisdiction ( conflits de competence négatifs ).

Constitutional Council

→ Main article: Constitutional Council (France)

The to 63 of the French constitution provided for in Articles 56 Constitutional Council (German Constitutional Council ), headquartered at the Palais -Royal in Paris takes various tasks was for which he has sole competence.

In addition to the control of parliamentary and presidential elections and referendums, this is primarily the control of the constitutionality of laws that in principle prior to their promulgation by the President (equivalent in German law about the making by the President ) and Article 61 of the Constitution on application ( the president, the prime minister, president of the two Houses of Parliament or Member of Parliament or senators 60 ) happens. In the case of the Constitution and defined in lois organiques (German organic laws ) and the Rules of Procedure of the National Assembly and Senate, however, it is mandatory under Article 46 and 61 of the Constitution. Since the constitutional reform of 2008 is in accordance with Article 61-1 of the Constitution, also the possibility of a post-release control upon presentation by the Conseil d' État or the Cour de cassation. Because since March 1, 2010 may now also a party to a pending court proceedings make a separate act, the constitutionality of a statutory provision claimed by requesting the Court to a "question prioritaire de constitutionnalité " ( " QPC " ) on the Cour de cassation and the Conseil d' État to the Constitutional Council ask for a vote.

The court consists of nine judges, appointed equally by the State President and the Presidents of the two chambers of parliament, as well as all former presidents.