Salient Features of French Judicial system

Introduction:

Generally, Government has three Individual Organs, that are the Executive, Legislative and the
Judiciary. French People does not recognize the Judiciary as an organ of the Government. From
their view point the Judiciary is the lower part of the French Government. The constitution of the
5th Republic has asserted some important features of French judiciary.

Historical Background:

Historically France was under the rule of Roman Empire. So, in the Judicial system there is a clear
mark of influence of Roman law and order system. In the middle period of France there was no
sound judicial system but it was radically changed by the French Revolution. A great change was
brought in the criminal court system in 1791 and 1795. Napoleon Bonaparte has played an
important part in this change. He is called the founder of the French Judiciary.

Salient Features:

1. Codified Law:
A special feature of the French Judicial System is the existence of laws in the form of
codes. The credit for the codification of all the laws goes to Napoleon for it was he who
ordered the codification of all laws of France.

2. No Separate Courts for Civil and Criminal Cases:

Unlike the practice being followed in India and Britain where separate courts for civil and
criminal cases exist, in France each court can hear both civil and criminal cases. Only one
court, the Cassation Court is an exception to this rule.

3. Principle of College-ability:
Another feature of the French Judicial System is that here the system of hearing cases by
a minimum of three judges prevails. In every court, several judges collectively hear the
case and give judgement. This is known as the principle of college-ability. This principle
has been accepted in view of the French belief that one judge and not a number of them
can be corrupted.
4. Difference between Ordinary Laws and Administrative Laws:
In sharp contrast to the practice prevailing in Pakistan and Britain, two categories of laws
operate in France-one for ordinary citizens and the other for government servants.
Ordinary citizens are under ordinary laws and ordinary courts while the civil servants are
under the Administrative law and the administrative courts. Thus, in France, a distinction
is made between ordinary citizens and government servants

5. Right of Judicial Review with the Constitutional Council:

Contrary to the practice prevailing in India and America, the right of judicial review has
not been given to regular courts in France. On the other hand, this right has been given
to a special council—the Constitutional Council. This Council is a semi-executive and semi-
judicial body.

6. Special Courts:
Another feature of the French judicial system is that there exist some special courts which
resolve several specific disputes through compromises and agreements. E.g. Tribunal of
Commerce.

7. Judgeship is a Profession:
In France, judges are not appointed from amongst the lawyers. A student of Law in France
has to choose for himself whether he would like to become a lawyer or to embrace the
profession of a judge. Judgeship is a separate profession in France. For the appointment
of judges, there exists a Higher or Superior Council of Judiciary.

8. Absence of Habeas Corpus Act: In USA, UK, and Pakistan there is an act of Habeas.
Through this act the rights of the citizens are protected. But in French constitution there
is no existence of Habeas corpus act.

9. Jury System: Jury system is hardly seen in French Constitution. There are a few jury
boards in France Judicial System, where it is present, it is made by twelve members from
a long list of citizens, when the members are divided into two equal decision then three
judges declare the decision of the case on the basis of agreement.

10. Independence of the Judiciary: A lot of Importance is given on the independence of

French Judiciary. Without the independence of Judiciary, it is quite impossible to ensure
justice. Steps are taken in the constitution of the 5th republic to make an uninfluenced
Judiciary.