State development of France is based on a stable legal system. The constitutions of 1940 and 1958 defined the basis of competencies and the interaction of existing branches of government. The judicial system of France, in short, allows the state to ensure that citizens exercise their freedoms and rights. She acts as one of the fundamental elements of the state.
The judicial system of France: a scheme
The structure of this branch of government includes three key links:
- Cassation body. It is considered one of the oldest structures.
- Courts of Appeal. Their jurisdiction covers the territory of departments and overseas regions.
- The courts of first instance.
Cassation
This court heads the whole system. Cassation existed in the era preceding the revolution of 1789. The court received its current name in 1790. The body is located in Paris. It consists of 5 chambers considering civil cases, and one in criminal cases. The cassation structure is defined in decrees of 1982-1983. In accordance with their provisions, the court contains:
- The first chairman.
- 84 members of the court. They are called advisers.
- 6 chairmen of the chambers.
- 36 advisers-rapporteurs of various categories.
- Attorney General on appeal.
- One first and 19 ordinary general lawyers. They all act not as representatives of the parties, but as assistants to the prosecutor general.
- Auditors
Competence
The cassation considers complaints against decisions adopted by lower bodies, according to which usually (but not necessarily) the parties have exhausted all the possibilities of challenging on appeal. At the same time, applications are analyzed only on issues relating to law, not fact. A complaint can be filed for improper application of the law and violation of procedural provisions. Statements in criminal proceedings are examined on newly discovered facts regarding the sentences that have entered into force. However, the trial is allowed only in favor of the convicted. This eliminates the challenge of acquittals, except as the subject himself, who was involved as the accused.
Adoption of acts
Cassation decisions are made either by one of the chambers, or by a mixed panel of three representatives. A decision can be made by the plenary. It includes the first chairman, chairpersons and duayens (elders) of the chambers, as well as two representatives of a different category from each of them.
Courts of Appeal
There are 30 on the continent. The jurisdiction of each court covers several departments (2-4). In overseas territories there are 5 bodies. Having considered the complaint in criminal proceedings, the chamber either leaves the sentence unchanged or cancels it. However, she usually makes a new decision herself. Only in certain cases does the chamber send materials for a new examination to a lower body. Each court includes one or more chambers with one chairman and two members of the court. These structures act as a control body. They monitor the preliminary investigation (the conclusion of the accused). The cameras also act as an organ of direct trial. Chambers for civil proceedings examine complaints against decisions adopted not only by structures of general jurisdiction, but also by other tribunals (including commercial ones).
Downstream organs
This link includes:
- Tribunals of large and small processes. They consider civil cases.
- Jury trials, police and correctional tribunals. Cases related to violation of the Criminal Code are referred to their competence.
The word “tribunal” does not indicate the extreme nature of the organs. This term indicates a more limited scope of competence in comparison with other structures.
Tribunals
The judicial system of France includes 181 tribunals of a large trial. After the reform of 1983, at least one of them is present in each department of the state (there are 96 of them). The composition of these bodies includes chairmen and a different number of officials directly involved in the proceedings. The jurisdiction of the tribunal for a large process includes the consideration of property civil cases with a claim price of more than 30 thousand francs. In addition, they are authorized to hear a large number of disputes of certain categories. In particular, these are matters related to real estate and citizenship, divorce proceedings, adoption, and so on. After the 1983 reform, there were 470 small trial tribunals in the country, established to replace the world courts. They were introduced back in 1958. The tribunals are located in major cities in all departments and districts. The small court examines certain types of cases. Among them, among other things, include property disputes with a claim price of up to 30 thousand francs. The judicial system of France does not provide for appeal against decisions in cases with amounts up to 13 thousand
Collegial organs
These include jury trials. Serious crimes are assigned to their exclusive competence. Courts sit in Paris and in all departments, having the corresponding names. Each body has two professional officials, headed by a chairman. He is a member of the court of appeal. 9 assessors are called upon to fulfill their duties in accordance with the departmental voter list after selection by commissions by lot. Decisions are made by a majority. Moreover, a decision unfavorable for the accused, including one related to the refusal to admit extenuating circumstances, should be made when at least 8 out of 12 participants in the discussion outweigh. The convictions passed by the assessors are considered final. The jury of appeal is absent. An acquittal cannot be challenged by the prosecution or the cassation.
Correctional Tribunals
These bodies deal with crime cases. The term “correctional” is related to the fact that the French Penal Code in article 1 calls it punishment for offenses. Cases in these bodies are dealt with collectively. The consideration of tort is carried out by three judges. Some categories of cases may be dealt with individually. These include violations of traffic rules, fishing and hunting rules , other misconduct, punishment for which is provided by the French Criminal Code .
Police tribunals
They investigate criminal cases in which a fine of up to 10 thousand francs or, in some cases, an arrest of 1-60 days is assigned as a maximum punishment. The term "policeman" is also due to the name of the sanctions provided for in the Criminal Code for certain types of misconduct. Cases are examined by judges of the tribunals of a small trial individually.
Special organs
The general structure of institutions authorized to hear various cases provides for specialized courts . Some of them are juvenile institutions. Other specialized courts consider specific groups of cases:
- Trade Tribunals.
- Social Insurance Commission.
- Maritime trade tribunals.
- Tips of spouses.
- Parity tribunals for leasing land, etc.
Of the most important of these institutions are councils of prejuds and trade tribunals. The latter number 227. They include three consul judges. These officials resolve disputes that arise between the parties to any trade agreements, partnerships, business obligations of businessmen, bankers, related to the liquidation of organizations, etc. The advice of the public - perfectly honest people - serves to reconcile or resolve conflicts regarding execution, execution, termination of employment contracts. In 1985, the High Council was established - an advisory institution under the ministries of labor and justice.
Sun
The judicial system of France assigns a special role to the institution, which is competent to hear cases on charges of treason and ministers for serious crimes and tort in the performance of their official duties. This body is formed from an equal number of members of both parliamentary chambers. Thus, it consists of 12 officials and six deputies each. The investigation of these allegations and the bringing of the highest officials of the state to court is carried out exclusively in accordance with a decision adopted by both parliamentary chambers.
Additionally
The judicial system of France from 1953 to 1981 included an emergency institution that examined cases of crimes against the country's external and internal security. Currently, they are referred to the competence of general jurisdictions. The accused may turn to the counsel for help in the case. Until 1971, legal professions were different in the country, and accordingly, the cost of a lawyer was different. Currently, all of them have merged into the general category of defenders. Accordingly, in general, the average cost of a lawyer for the same category of cases is the same. The rate of junior lawyers is about 150 euros / hour, the defender with 2 years of experience - 200-250 euros / hour.