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Law of France

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The French legal system is a complex structure used to organize society. It relies on a dual jurisdictional system. This means the law is divided into two main branches. The first branch is private law, also known as judicial law. This branch includes civil law and criminal law. The second branch is public law. This branch includes administrative law and constitutional law. Together, these four areas form the core of the French legal system.

Judiciary of France
Judiciary of France

In France, the primary source of law is legislation. This is different from common law systems. In common law systems, historical cases and practices form the basis of law. In France, the system emphasizes written statutes. However, some areas are different. For example, French administrative law was largely created by the courts. The highest administrative court is called the Conseil d'État. Lawyers also study case law, known as jurisprudence. They also look at legal scholarship, called doctrine. These are helpful for interpretation but are not binding.

All French laws follow a strict hierarchy of norms. This hierarchy determines which rules are most powerful. At the very top are constitutional laws. These are superior to all other sources. Next are international treaties. Article 55 of the Constitution states that ratified treaties prevail over parliamentary statutes. After treaties come parliamentary statutes, known as loi. Finally, at the bottom, are government regulations, or règlements. There is also a debate regarding European Union (EU) law. The European Commission suggested in 2005 that EU law is a distinct area of law in France. This is similar to how federal laws work in the United States.

Parliament creates several types of legislation. Organic statutes, or lois organiques, cover specific areas like presidential elections. These must be reviewed by the Constitutional Council under Article 46. Referendum statutes are laws passed by a public vote. Under Article 11, the President can refer certain bills to a referendum. These might concern social, economic, or environmental policies. Parliament also passes ordinary statutes, or lois ordinaires. These cover matters like taxes, nationality, and criminal law. These matters are listed in Article 34 of the Constitution.

The executive branch also has power to make rules. They can issue orders, known as ordonnances. Parliament can delegate law-making power to the executive for specific areas. These orders are issued by the Council of Ministers. They must be consulted with the Council of State first. These orders are usually valid for three to six months. If Parliament does not vote them down, they gain the status of statutes. There are also autonomous regulations, or règlements autonomes. These are issued under Article 38 and have the force of law. They cover subjects not explicitly listed in Article 34.

Judges play a significant role through case law. While not an official source of law, jurisprudence is highly influential. In some areas, judges do most of the work. For example, tort liability in private law comes from only five articles in the Civil Code. Judges use these articles to build rules. This is similar to how common law judges operate. However, there are key differences. Highest courts in France do not cite precedents in their decisions. Also, lower courts are theoretically free to disagree with higher courts. They simply risk having their decisions overturned.

To organize these many rules, France uses legal codes. A code is a logical and authoritative collection of rules. Following the example of the Napoleonic Civil Code, these aim for coherence. There are currently about 78 legal codes in force in France. They cover both public and private law. The government wants these codes to be accessible. To help, they created the Commission Supérieure de Codification in 1989. This group works to clarify statutes and remove contradictions. You can find these codes for free on the website Légifrance.

The history of French law shows great change. In the High Middle Ages, law was very local. It was based on customs in small communities. Starting in the 12th century, Roman law began to emerge as a scholarly discipline. Professors taught the Justinian Code in southern France and in Paris. This helped move the law toward a more organized, written system. Today, the system connects local rules to national and international standards. This evolution has shaped how millions of people live under the law.

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