Dr.

Ram ManoharLohiyaNational Law University,

Lucknow

SESSION 2015-16
FINAL DRAFT ON
FRENCH LEGAL SYSTEM

SUBMITTED TO : SUBMITTED BY :
MR. MALAY PANDEY SHAILESH KUMAR
ASSISTANT PROFESSOR (LAW) B.A.LLB.(HONS.)
Ist SEMESTER
ROLL NO. 123
SECTION B
 DECLARATION
I hereby declare that the project work entitled submitted to the RAM MANOHAR
LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW, is a record of an original work done
by me under guidance of MR. Malay Pandey ,faculty member, RMLNLU, and
this project work has not performed the basis for any Degree or diploma/ associate
ship/ fellowship and similar project if any.

SHAILESH KUMAR

ROLL NO. 123

 ACKNOWLEDGEMENT

Words can never convey what deeds have done.

Writing a project on any topic is never a single mans job. I am overwhelmed in all
humbleness and gratefulness to acknowledge my depth to all those who have
helped me to put these ideas, well above the level of simplicity and into something
concrete.

I am very thankful to my Prof. MALAY PANDEY for his valuable help. He was
always there to show me the right track when I needed his help. With the help of his
valuable suggestions, guidance and encouragement, I was able to complete this
project.
I would also like to thank my friends, who often helped and gave me support at
critical junctures during the making to this project.

I hope you will appreciate the hard work that I have put in this project work.

- SHAILESH KUMAR
TABLE OF CONTENTS

Declaration...

Acknowledgement...

Scope & Significance

Research Questions..................................................................

Research Methodology..

Tentative Chapetrisation ..
Introduction to French legal system
French political structure.
Criminal Proceedings in France
Juvenile Justice System

Literature review ...........

Conclusion . .

Bibliography.
 SCOPE & SIGNIFICANCE

This project is immense importance to me. I had researched on this project to get
a deep knowledge of French legal system . This research could probably used
to find a solution of the loopholes in the existing legal system. The project
can be used by scholars for the purpose of reference to the topic

RESEARCH QUESTIONS

(1)What is the judicial system of France?

(2) What is the role of precedent in shaping French constitutional law?

(3) How important codes and statute helped in forming of civil legal system?

(4) How this legal system different from Common legal system?
RESEARCH METHODOLOGY
For the purpose of doing the project doctrinal research methodology has been
adopted for presenting the material in the project encyclopedia and magazines
have been consulted .The information in the project has been represented to the
best of knowledge and availability of means and resources. To present the
information due care has been taken to present the material in correct perspective.

TENTATIVE CHAPTERISATIONS
Introduction to French legal system

History of French legal system

Constitution and institutional system

French Judicial structure

French political structure

Criminal Proceedings in France

Juvenile Justice System

INTRODUCTION
The basis of the French legal system is laid out in a key document originally drawn
up in 1804, and known as the Code Civil, or Code Napolon, (Civil code or
Napoleonic code) which laid down the rights and obligations of citizens, and the
laws of property, contract, inheritance, etc.. Essentially, it was an adaptation to the
needs of nineteenth-century France of the principles of Roman law and customary
law. The Code Civil remains the cornerstone of French law to this day, though it has
been updated and extended many times to take account of changing society. There
are other codes, including notably the Code Pnal, or Penal code, which defines
criminal law. For the economic policies implemented under French King Louis XV,
called The Law System In academic terms, French law can be divided into two
main categories: private law ("droit priv") and public law ("droit public").
This differs from the traditional Common Law conception in which the main
distinction is between Criminal law and Civil Law.

Private Law governs relationships between individuals. It includes, in particular.

The legal system especially underwent changes after the French revolution. During
the colonial era some Muslim-dominated societies began to blend the sharia local
legal system with the French legal system.[3]

The announcement in November 2005 by the European Commission that, on the

basis of powers recognized in a recent European Court of Justice ("ECJ") ruling, it
intends to create a dozen or so European Union ("EU") criminal offences suggests
that one should also now consider EU law ("droit communautaire", sometimes
referred to, less accurately, as "droit europen") as a new and distinct area of law in
France (akin to the "federal laws" that apply across States of the US, on top of their
own State law), and not simply a group of rules which influence the content of
France's civil, criminal, administrative and constitutional law.
History of French legal system
The history of French law can be presented in four successive parts, which represent
the four major stages of development.

The earliest law, applied in the territory of what will later be the Kingdom of France
and the French Republic, is a law of divine origin, subsequently becoming a Roman
law of laic origin.

In the Middle Ages, political and legal authority becomes fragmented with several
laws coexisting at once. The law is initially personal and then becomes more
territorial and customary in nature.

The vestiges of a common, but not yet uniform, French law begin to appear in the
XIVth century, with the independence of the Kingdom of France. However, an
important legal divide remained on a north-south basis.

Finally, modern French law was formed in earnest as the object of a harmonization
demanded by the French Revolution and put into practice by Napoleon with
codification. In addition with these codes, law is also nowadays characterized by the
application of many uncodified statutes.

Modern French law the present-day distillation of the civil law tradition, a dynamic
and still developing branch of the world major legal system has its roots in two
thousand years of legal history. Rome and its empire collapsed in the 5th century,
but Roman law survived in Gaul at various levels and in different forms. Although
many parts of France were under centuries of foreign domination, its legal system,
particularly in the south, was receptive to the revived Roman law that was being
studied and taught in the universities of northern Italy at the dawn of the
Renaissance. This new approach to medieval Roman law began to color and
provides a unifying force to what had been a fragmented, localized condition of law
in all of France. By the 13th century, the southern half of France was controlled
by droit coutumier lange of Visigothic Roman law combined with more modern
treatments of the Corpus juris developed by Italian and southern French scholars
and enormously influenced by the rigorous approach of the late medieval canonists.
In the north and west (the regions where Frankish and Burgundian monarchs had
set the stage for legal development), it was only natural that the droit
coutumier, based on Germanic custom and tradition, would prevail.

During the Middle Ages and early modern period, while Roman law was achieving
ascendancy in the rest of Europe, the French kings, and even their vassals,
determinedly independent of the Holy Roman Empire, constantly asserted the
importance and, in effect, primacy of customary law, especially in the lands north
and west of Paris. Considerable difficulties in government and administration
attended this fragmented and disunifying approach. France was an emerging
nation-state with rulers especially intent upon achieving centralization of authority.
Diversity in the laws and even the legal system created additional impediments to
social and economic relationships in the increasingly mobile French society. A
measure of standardization was inevitable. By the 16th century the dominance of
the coutumes of Paris (first published in 1510) had been achieved in all areas except
Normandy, Burgundy and Brittainy. The Paris coutumes gradually became the
standard applied throughout France, even in preference to Roman law. With the
general acceptance/imposition of a fixed format for customary law, further
development of this normally evolving type of law was halted by the late 1500s.

The great diversity of French law varied in format and differing from region to region
presented a challenge to the absolutist tendencies of modern French governments
which constantly aspired to centralization of power and unity of laws. Canon law
was a normal vehicle for the unification process, bringing order and consistency to
private civil and commercial law, and by the 16th century, Romano-canonic law had
begun to emerge as a potential jus commune for France. The task of developing a
sophisticated and workable droit commun, combining both customary laws and
written (Roman or canon) law was taken on by a few scholars, particularly the 16th
century writer Charles DuMoulin. His works commentaries on customary laws and a
synthesis of Roman law with contemporary practice totally influenced the
movement towards creation of a unified French law. In the next century Jean Domat
continued the tradition by producing a monumental work that successfully
reordered all existing French law in accordance with principles of natural law.

During the early revolutionary period, the Constituent Assembly, recognizing the
need for unifying private law, commenced work on various drafts and proposals for
broad codifications. Napoleon, as First Consul, derailed the revolutionary
approaches in 1799 when he seized the initiative and appointed a commission of
scholars to draft a civil code. Napoleon played a major role in the development of
what has evolved as the most controlling document in a conceptual sense of the
civil law system. He participated in many of the meetings of the drafting
committee; the clarity and comprehensibility of the language has been attributed to
his insistence that the code be understandable and meaningful to a layman and not
just to lawyers and scholars.
 The synthesization of civil law was followed by a sequence of imperial legislation, a
code of civil procedure in 1806, a commercial code in 1807, a code of criminal
procedure in 1808 and a criminal code in 1810. This body of law has survived intact
in form and outline, although greatly changed in substance into the last years of the
20th century. The civil procedure code has been in the process of total reform since
the 1970s, and the draconian criminal procedure code was modified even in the
19th century along with the penal code, with the former being replaced by a new
version in 1957. To some extent the commercial code is a mere shell,
accommodating the new legislation necessary to control business and trade in the
late 20th century. With all, the French civil code and its attendant imperial
legislation now provides the historical core for the Romanist branch the modern civil
law tradition of the Romanist-Germanic family of law.

Throughout the 19th century, the development of French law was directed and
shaped by an increasing body of doctrine. The writings of scholars and teachers
provided exegesis and interpretation for what remained a dynamic and responsive
legal system, eventually securing a sophisticated and well-formulated system of
legislation accessible to all and capable of being reformulated to meet the ever-
changing needs of society. The three great French legal scholars of the 16th-18th
centuries were succeeded by dozens of influential savants in the 19th-20th
centuries, and these now appear to be an ever-renewable source.

Contemporary French law is now characterized by a fascination with the nuances of

administrative law in all its guises, particularly the centralization of government and
power. The nation legal development has further been greatly affected by its
(leading!) participation in the legislative programs of the European Union since the
creation of this supra-national body in 1957.

Civil Law
As mentioned, the term civil law in France refers to private law, and should be
distinguished from the group of legal systems descended from Roman law known as civil
law, as opposed to common law. The body of statutes and laws governing civil law
and procedure are set out in the Civil Code of France, although other private law
statutes are located in different codes (i.e. Commercial Law in the Code of
Commerce, or Copyright Law in the Intellectual Property Code).

Criminal Law
French criminal law is governed first and foremost by the Code penal, or Criminal
Code. For example, the Criminal Code formally prohibits violent offences, e.g.,
homicide, assault, etc., and many pecuniary offences such as theft or money
laundering, and provides general punishment guidelines. However, a number of
criminal topics, e.g., slander and libel, have not been codified but are instead
addressed by legislation.

Constitution and institutional system

The fifth French Constitution was promulgated on October 4, 1958. The Constitution
is the highest norm in the internal hierarchy. The Constitutional Council in 1971
cited the

Constitutions Preamble and the Declaration of the Man and of the Citizen (1789) as
texts included in the Constitutional Principles. Moreover, the Fundamental Principles
of the Republic expressed by the Constitutional Council and the Environment
Charter of 2004 are also part of the constitutional block.

The Constitution can be amended either by the French congress (joint session of
both chambers of Parliament) or by referendum.
The French Constitution was fundamentally changed on 23 July 2008 by the
constitutional revision bill of modernization of the institutions of the Fifth Republic.
All branches of Government are affected by this reform.

First, the exercise of the Executive power is modified. The revision puts an end to
the ambiguous diarchy between the President of the Republic and the Prime
Minister. Indeed, it recognises the supremacy of the President of the Republic while
it limits his prerogatives.

Secondly, a set of measures is devoted to the legislative power with the goal to
restore to favour the role of Parliament by eliminating some of the harsher
instruments of rationalized parliamentarianism introduced in 1958.

Thirdly, the constitutional revision deals with judicial power and citizens rights and
certainly the most noteworthy provision here is the introduction of a new form of a
posterior constitutional review of legislation.

The Constitutional Council has the power to interpret the highest French and
International norms; it also ensures that the Constitution, the Constitutional Texts
and Principles are upheld. By interpreting article 55 of the Constitution, the
Constitutional Council has indicated that International and European Treaties are the
highest norms. Therefore, the Constitution must be reviewed if it is contrary to any
Treaty prior to their ratification.

Constitutional Council members are appointed for nine years (three every three
years). Three are appointed by the President of the Republic, three by the President
of the Senate and three by the President of the National Assembly. Former
Presidents of the Republic are ex-officio life members of the Constitutional Council.

The 1958 Constitution establishes a Democracy based on the Separation of Powers.

The Executive branch is headed by the Prime Minister and the President of the
Republic.

The President of the Republic is directly elected for a 5-year term renewable one
time. He is the Head of State and the Commander in Chief of the Army. His powers
are defined by the Constitution. He appoints the Prime Minister and puts an end to
the appointment when this one resigns.
On the proposition of the Prime Minister, the President appoints the other members
of Government.

The President of the Republic promulgates the laws after their adoption by the
Parliament. He can dissolve the National Assembly and call for early elections.

The Legislative branch is bicameral. The National Assembly is the main legislative
chamber.

The nature of the legal system

Unlike English-speaking countries, which use a system of "Common Law", France
has a system of "Civil law".
Common law systems are ones that have evolved over the ages, and are largely
based on consensus and precedent. Civil law systems are largely based on a Code
of Law. Worldwide, Common Law forms the basis of the law in most English-
speaking countries, whereas Civil law systems prevail in most of the rest of the
world, with the notable exception of many Islamic nations and China.
In line with the democratic principle of the separation of powers, the French
judiciary - although its members are state employees - is independent of the
legislative authority (government).

Judicial System in France

France's institutional system is based on the separation of powers: the legislative
power

of Parliament (passing laws), the executive power of the government (implementing

laws) and

the power of the judiciary (enforcing laws).

The justice system is the third pillar of the State and is independent of the other two

powers. It guarantees individual freedoms and the rule of law and ensures that laws
are

enforced and individual rights respected.

France has a Dual legal system. (1) Public and (2) Private.

Droit public or public law governs the field of operation of the state of

public bodies. This branch of law is administered by administrative courts

known

as Tribunaux administratifs.

The private law or droit privy applies to private individuals and private

bodies. This is administered by judicial courts. Basically the courts are

divided

into two branches.

(1) Ordinary courts or judicial courts which handle criminal and civil

Litigation known as order judiciary.

(2) Administrative courts which supervise government and public bodies

(Order administrative).

Each branch has three tier hierarchical systems. The 1st degree courts are the
 Inferior courts which are 3 in numbers each on civil and criminal side. On the

Criminal side the three 1st degree courts are:

(1) Judge de proximity (a local magistrate) or Tribunal de police court)

Which hears minor criminal offences such as traffic violations, minor

Assault and breaches of peace.

(2) Tribunal correctional also called a Correctional court which hears less

serious felonies and misdemeanours.

(3) Court of Cour d assises or Assize Court also called a court of session

Which sits in each of the departments and France with Appellate and

Originally jurisdiction over crimes and serious felonies.

Normally it is composed of 3 judges and 9 juries. In certain cases, for

Example, terrorism and illegal drug trade the court may sit with 3 judges alone.

While sitting as a court of appeal also it will sit with three judges.

The three 1st degree civil courts are:

(i) Tribunal d instance which hears minor civil cases

(ii) Tribunal de grande instance which has jurisdiction over civil matters

over 10,000 euros

 (iii) Conseil de prudhommes (labour court) or Tribunal Paritaire Des Baux

Raraux (land estate courts) or Tribunal des affires de securite sociale

(Social security court) or Tribunal de Commerce (business court).

Labour court hears dispute between employers and employees.

Land

Estate court hears cases dealing with leases or farm land estate. Social

Security courts hears suits concerning welfare and state benefit or

Business court hears suits regarding trade and business disputes.

The 2nd degree court is Cour dappel (Court of Appeal) which hears appeal

From lower courts. It is composed of three judges. It has several divisions for

Civil, criminal, social security and business.

The 3rd degree court which is the highest court is the Cour de cassation (the

Court of Cassation). There are 120 judges serving in this court. Each case is

Heard by a minimum of seven judges. The court of cassation is the court of final

Appeal for civil and criminal matters. The Court of Cassation does not hear cases

Involving case against the government. This is heard by Counsel of State Acts

which is Supreme Court of Appeal as regarding these matters.

Appeal

A conviction in the Cour dassises may be appealed to a second Cour

assises (the Cour dassises dappel) where the appeal will be heard by way of a

retrial. There is a right of appeal to the Cour dappel from the Tribunal de police and
the Tribunal correctional. An appeal takes the form of a retrial based on the

Case dossier and issues of conviction and sentence based on points of law or fact.

Actions for review of decisions made by the trial court on a point of law may be
taken in the Cour de cassation.

Juvenile justice system

In France, there is a special justice system for children and young people under 18.
This juvenile justice (justicedes mineurs) is mainly involved in the areas of juvenile
crimes and children at risk. Many other matters concerning minors are judged by
ordinary jurisdictions (family judges...).

The Act of 2 February 1945 lays down the fundamental principles of juvenile justice.
Its last amendment was

Made in March 2007.

France has chosen a joint approach by judges and educators, and has given priority
to educational response in

Criminal matters.

The Judicial Youth Protection Directorate, dependent on the ministry of justice, is

responsible for juvenile justice. It drafts texts on minors at risk and young offenders
and ensures the enforcement of judgments made by the Juvenile courts in the 1,500
detentions and probation centers.

Juvenile delinquents

Under French law the age threshold for criminal liability is 18 years old, therefore a
minor cannot be tried by ordinary criminal courts.

Specialized courts are set and work in collaboration with the public prosecutor and
the Youth Judicial Protection Service. Juvenile courts are competent to hear youth
offences cases and since 2005 they enforce the penalties imposed on minors. Thse
courts are presided by one juvnile court Judge assiste by two Lay juges and one
court Clark. For most serious cases, there are Juvenile Assize courts which have
jurisdiction for offences committed by minors from 16 to 18. These courts are made
up of three professional judges and a jury made up of 9 civilians randomly chosen.
To be sentenced, minors have to be criminally responsible which is defined by their
capability of understanding. In France the age of discernment is roughly set
between the age of 8 and 10. Penalties are adapted to the offenders age.

Basically, no penalties can be imposed on minors before they are 10 as they are not
responsible at law. Only measures of protection, assistance, supervision and
education can be taken.

From 10 to 13, educational penalties can be taken (such as seizing an object for
instance). If the interested minor does not comply with the penalty, he or she may
be placed with foster careers or a specialized centre for juvenile offenders. Then,
from 13 to 16, minors may be sentenced. They may be sentenced to imprisonment
but the minors are liable to only half the sentence prescribed for adults. They
cannot be remanded in custody, except if they have committed a major offence.

From 16 to 18, minors can be remanded in custody and, depending on the kind of
offence they committed; the special provision for dealing with minors may be set
aside by the judge.

Conclusion

France is a civil law jurisdiction. The implications of this legal system are twofold.
First, French law is derived solely from legislative statutes or codes. Second, the
French judiciary cannot make law through novel binding substantive precedent. Yet,
the supremacy of statute and the lack of legal precedent constitute only one of the
several characteristic differences between the French and American legal systems.
Three other salient differences exist. First among these is the systemic difference
between the court structures of the two countries. The French legal system
differentiates between administrative and judicial courts, and thus encompasses an
intricate matrix of tribunals. However, for all its complexity, the organization of
French courts is as logical as the Cartesian minds that developed it. Second, French
constitutional review is quite different from the notions inspired by the term in the
United States. Unlike the supreme nature of its American counterpart, the French
Constitution is equal in force to legislative statute. Hence, French constitutional
review lacks the ability to implement social and economic policy. Third, the French
legal system is devoid of certain substantive and procedural trial rules that have
become second nature to the American trial lawyer. Among these are the virtual
absence of discovery, motions, testimonial evidence, and jury trials.

LITERATURE REVIEW
This project gives description about French legal system .The project will describe
the process of evolution of civil legal system. A description of French judiciary which
helped French to become country where there is no lawlessness.

BIBLIOGRAPHY
https://en.wikipedia.org/wiki/Law_of_french# Legal traditions

http://www.franceguide.com/legal-system

http://www.justice.gc.ca/eng/csj-sjc/just/img/courten.pdf

http://www.bastionlaw.ca/-criminal.index.asp

http://www.encyclopedia.com/topic/France.aspx

https://litigationessentials.lexisnexis.com/webcd/app?
action=DocumentDisplay&crawlid=1&doctype=cite&docid=12+B.U.+Int%27l+L.J.
+58&srctype=smi&srcid=3B15&key=beb7dbacbf8103e2f5bc3e8a4e51ab63

france.com/french-legal-system.htm