MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY

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GROUP ASSIGNMENT

SUBJECT: COMPARATIVE LAW

TOPIC 3:
“Similarities and differences in the
practice of judges in the UK and France”

GROUP: 03
CLASS: N01-TL3

Hanoi, 2023
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 GROUP ACTIVITY REPORT
Group: 03 - Class: N01.TL3
Topic 3: “Similarities and differences in the practice of judges in the UK and France”
Division of work and group report:

Progress
Completion level Group meeting
Aspect of (on time)
No. Member’s name Resulting1
Group Work No Fully Contribute a
Yes No Average Good Active
good attended lot of ideas
453411 Nguyen Thao Diep Part 1 X X X X X A
453412 Nguyen Thu Ngan Part 2.1, 2.2 X X X X X A
453413 Doan Thao Ngoc Part 2.3 X X X X X A
453415 Nguyen Minh Ha Part 1 X X X X X A
453416 Nguyen Quynh Trang Part 2.4, 2.5 X X X X X A

Hanoi, February 22, 2023

LEADER

1
Three level of result: A: Good; B: Average; C: No good
 TABLE OF CONTENT
INTRODUCTION ................................................................................................ 1

CONTENT ............................................................................................................ 1

1. Similarities in the practice of judges in the UK and France ....................... 1

2. Differences in the practice of judges in the UK and France....................... 1

2.1. About the structure of the judge profession ............................................ 1

2.2. About the conditions for being appointed as a judge .............................. 2

2.3. About the process of appointing judges .................................................. 2

2.4. About professional .................................................................................. 3

2.5. About term .............................................................................................. 3

CONCLUSION..................................................................................................... 3

REFERENCE ....................................................................................................... 4

APPENDIX........................................................................................................... 5
 INTRODUCTION
The UK and France are two prominent countries of two large legal families:
Civil Law and Common Law, and these are two large and typical legal systems in
the world. Because the UK and France belong to two different legal systems, the
practice of judges in these two countries has differences but also similarities. To
learn more about this issue, my group chose topic 03: "Similarities and differences
in the practice of judges in the UK and France" as the topic of group exercise.
CONTENT
1. Similarities in the practice of judges in the UK and France
Although they belong to two different legal families, France belonging to the
Civil Law, and the UK belonging to the Common Law, the practice of judges in
these two countries still has the following similarities:
First, on the conditions to be appointed judges. Both the UK and France have
the same appointment criteria as: (i) In terms of practice conditions, to be able to
become a judge in the UK and France both need a bachelor's degree as a
prerequisite; (ii) Professional ethics standards for judges practicing in the UK and
France both have requirements such as integrity, honesty, and fair protection in
order to be able to make an independent and reasonable judgment; (iii) In addition,
there are health requirements to complete assigned tasks.
Second, the term of the judge. The term of office of a judge in the UK and the
term of a judge in France are both lifetime appointments until the mandatory
retirement age is reached. Besides, from appointment to retirement, judges cannot
be dismissed, unless there is a serious violation of the law.
2. Differences in the practice of judges in the UK and France
2.1. About the structure of the judge profession
First of all, the difference between the practice of judges in the UK and France
can be shown clearly in their structure of the judge profession.
In France, the structure of the magistrate's profession distinguishes between
judges working in the judicial courts and judges working in the administrative
courts. Meanwhile, in the UK, professional judges are divided into different ranks,

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including: Judges of the Supreme Court, followed by the Judges of the Appellate
Court, and the lower are the judges of the high courts, the high criminal courts
and the grassroots courts.2
2.2. About the conditions for being appointed as a judge
To be appointed as a judge, France and the UK also refer to different criteria.
In France, after receiving a bachelor's degree in law, law students must take the
exam and graduate from a 31-month judge training course at the National School
of Judges (ENM) to be eligible to work as a judicial judge, while the
administrative judge will need to graduate from the National School of
Administration (ENA).
However, in the UK, the condition for being appointed as a judge is that
applicants must have a relevant law degree. In addition, judges are required to add
a condition of years of work experience after they complete their apprenticeship,
namely 5-7 years, depending on the position the judge is appointed.
2.3. About the process of appointing judges
Due to the difference in the division of courts, the appointment of judges also
has differences. In France, after completing a course at the National School of
Judges, trainee judges are appointed by the President of France as full-time judges
and work in a court, on the basis of the proposal of the Minister of Justice and the
will of the French President consent of the Judicial Council. Regarding
administrative judges who will work in administrative courts and administrative
appeal courts appointed by the President, the appointment is made based on four
ways3. Thus, the process of appointing judges in France has a clear division with
specific judges, for administrative judges, the scope of appointment is wider.4
However, in the UK, under the 2005 Constitutional Amendment Act, the
Queen appoints judges through a list proposed by the Prime Minister, selected by
the Lord Chancellor5. This list was selected by the Interim Selection Committee.

2
Hanoi Law University, Comparative law textbook, Hanoi, 2022, p. 571.
3
See more on Appendix 1.
4 Hanoi Law University, Comparative law textbook, Hanoi, 2022, p. 545.
5
The Lord Chancellor must consult the senior judge, the First Minister in Scotland, the Welsh Parliament, the First Minister
and the First Deputy Minister in Northern Ireland.

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 In addition, for lower court judges, the magistrate appoints judges of the High
Court and the Court of Appeal based on the list proposed by the Judiciary
Appointment Committee, while the rest of the judges of the Court of Appeal are
appointed. The lower courts are appointed by the Chief Justice of the British court
system.
2.4. About professional
Because the structure of the profession of judges in the UK and France is
different, the expertise of each department is also different.
In France, professional judicial magistrates include judges performing the
judicial function and judges performing the prosecutor's function. Meanwhile, the
prosecutor will have the task of monitoring the application of the law to protect
the public interest. The specialty of administrative judges will be the settlement
of disputes between administrative agencies and citizens.
Unlike France, judges in the UK will primarily deal with criminal cases,
although they have civil jurisdiction and may also choose to specialize in family
litigation. The civil cases they handle include issuing business licensing orders
(environment, fire protection, water and electricity), forcing tax payments, as well
as appealing against government licensing decisions.
2.5. About term
Both the UK and France have lifetime appointments, however the retirement
age is different. In France, except in cases of termination by law, the retirement
age of this judge is 67 years old. Judges in the UK usually retire at the age of 70
or can be dismissed at the request of both houses of Parliament.
CONCLUSION
Through the analysis of judges' careers in France and the UK - two typical legal
systems in the world - it can be seen that each country has its own regulations to
suit the social conditions and circumstances of the country and the legal system,
and also has its own advantages.

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 REFERENCE
1. Hanoi Law University, Comparative law textbook, Hanoi, 2022.
2. Brian Opeskin, Models of Judicial Tenure: Reconsidering Life Limits, Age
Limits and Term Limits for Judges, Oxford Journal of Legal Studies, Vol.
35, No. 4 (2015), pp. 625 – 663.
3. The French legal system
https://www.justice.gouv.fr/art_pix/french_legal_system.pdf, access from
16/02/2023.
4. Information about the Courts and Tribunals Judiciary of England and Wales
https://www.judiciary.uk/about-the-judiciary/our-justice-system/legal-
year/, access from 16/02/2023.

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 APPENDIX
1. Appointing administrative judges in law
(i) appointing from among the trainees who have completed the training
program at the National School of Administration.
(ii) appointing the outer circle for civil servants, military, in local
government, service establishments public service with a minimum of 10
years of service.
(iii) seconded recruitment for public servants recruited on the basis of
training at the national academy of public service, judicial judges,
professors, lecturers be eligible for university scientific guidance.
(iv) direct recruitment exam for degree holders to take the entrance exam
at the National School of Public Administration and civil servants, judicial
judges, civil servants , military class A rank with seniority from 4 years
working in the public service sector.
2. Picture of practicing judges in the UK

It is easy to see that judges in the UK often wear white wigs during the trial.
The wigs serve to ensure the "anonymity" of the judges. This wig is called a justice
wig. It is considered a symbol of law and power to a certain extent.

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 The special thing is that their wig will not be cleaned; not washed. Because
they believe that the dirtier and darker the wig, the more independent and
experienced the judge and lawyer are. It can be seen that the wig means that the
person using it will remove all discrimination on the basis of ethnicity, religion,
color, put themselves under a common standard representing the law and will
adjudicate the case in a fair manner, without prejudice.
3. Picture of practicing judges in France