France · Overview
The legal system of France
The source of the Napoleonic tradition exported across Europe, Latin America, Africa and the Middle East. A defining feature is the dual jurisdiction: ordinary courts under the Cour de cassation and a separate administrative order under the Conseil d’État.
Legal tradition
France belongs to the civil law tradition. The source of the Napoleonic tradition exported across Europe, Latin America, Africa and the Middle East. A defining feature is the dual jurisdiction: ordinary courts under the Cour de cassation and a separate administrative order under the Conseil d’État.
How power is divided
Semi-presidential: the President holds reserved powers over defence and foreign affairs; the Government answers to Parliament. The Conseil constitutionnel reviews statutes before promulgation and, since 2008, on referral from litigation.
Where law comes from
- Constitution and bloc de constitutionnalité
- Includes the 1789 Declaration and the Charter for the Environment.
- EU law and treaties
- Rank above ordinary domestic statute.
- Lois
- Statutes voted by Parliament.
- Règlements
- Decrees and orders; the executive holds autonomous regulatory power.
- Codes
- Civil, penal, commercial, labour and around seventy more.
The legal profession
Avocats qualify through a CRFPA examination and the CAPA. Notaires, huissiers and avocats aux Conseils are separate regulated professions.
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