INTRODUCTION

England 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 England 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 England and France" as
the topic of group exercise.
CONTENT
1. Similarities in the practice of judges in England and France
Although they belong to two different legal families, France belonging to
the Civil Law, and 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 ethical standards for practicing judges in UK and
France in particular or any other country in general have requirements such as
integrity, honesty, fair protection to be able to make a judgment. independent
and reasonable decision; (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 England and France
2.1. About the structure of the judge profession
First of all, the difference between the practice of judges in England 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, 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. About the conditions for being appointed as a judge
To be appointed as a judge, France and England 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 judges. is a judicial
judge, while the chief 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. Thus, the process of appointing judges
in France has a clear division with specific judges, for administrative judges, the
scope of appointment is wider.
 However, in the UK, under the 2005 Constitutional Amendment Act, the
Queen appoints judges through a list proposed by the Prime Minister by the
Chancellor. This list was selected by the Interim Selection Committee.
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 England 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
In France, judges are divided into judicial judges and administrative
judges. The term of a judicial judge lasts until retirement, except in cases of
termination by law, the retirement age of this judge is 67 years old. Similarly,
administrative judges also serve until retirement and cannot be dismissed or
transferred without their consent. The UK is also one of the countries that has a
provision for the appointment of judges for life. Judges in the UK usually retire
at the age of 70 when or can be dismissed at the request of both houses of
Parliament.
 CONCLUSION
Through the analysis of judges' careers in France and England - 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.
 REFERENCE
1. Trường Đại học Luật Hà Nội, Giáo trình Luật So sánh, Nxb. Tư pháp, Hà
Nội, 2022.
2. The French legal system
https://www.justice.gouv.fr/art_pix/french_legal_system.pdf, access from
16/02/2023
3. 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
4. The Law Society, Understanding judicial roles