Judiciary of France

Introduction:

• Stems from roman law

• French civil code in 1804 under Napolean 1
• Judiciary is independent from legislative and executive
• Two major branches
1. Ordinary courts(criminal and civil)
2. Administrative courts( deals with administrative law-suoervise the
govt and handle complaints)
Four courts of last resort:
1. Court of cessation

2. State council

3. Constitutional council

4. Jurisdictional dispute council

Features:
• System of civil law
• Diff types of law codes
• Principle of collegiality
• Independencevof judiciary
• Non separate courts for civil and criminal cases
• Absence of habeas corpus
• Distinction between ordinary and administratice court
Judiciary in Switzerland
Introduction:
• Swiss federal tribunal
• Supreme court of the country
• Federal judiciary consist of
1. Federal supreme court
2. Federal criminal court
3. Federal patent court
4. Federal administrative court
• Motto is law justice and peace
 Federal supreme court
• Headquarter in lausanne and permanent seat also
• Supreme judicial authority of swiss
• Court of appeal for all decisions of cantonal courts
• Supervise other 3 courts
• Consist of 38 federal judges current 14 women and 24 men
• Elected by federal assembly (legislative)
• Elected for a term of 6 years and can be re elected
• Tribunals can elect it’s own president and V.president for a term of 2
years
Comparative analysis
Legal Systems:
Switzerland: Operates under a civil law system with influences from the
Germanic and Napoleonic legal traditions.
France: Also follows a civil law system, heavily influenced by the
Napoleonic Code.
Court Structure:
Switzerland: Has a federal structure with separate courts for each canton
(state) and a federal supreme court.
France: Features a hierarchical system with local courts, appellate courts,
and a Court of Cassation as the highest authority
Comparative analysis
Supreme Court:
Switzerland: The Swiss Federal Supreme Court serves as the highest
court in the country, handling federal law and constitutional matters.
• France: The Court of Cassation is France’s highest court, overseeing
the application of law and ensuring uniformity of jurisprudence.
Comparative analysis
Judicial Appointment:
Switzerland: Judges are often appointed by the cantonal governments,
with the Federal Supreme Court judges appointed by the Federal
Assembly.
• France: Judicial appointments are typically made by the President,
following recommendations from the High Council of the Judiciary
Comparative analysis
Role in Constitutional Matters:
Switzerland: The Federal Supreme Court in Switzerland has the authority to
interpret and rule on constitutional issues.
France: The Constitutional Council in France specializes in constitutional
review and ensures laws comply with the constitution.
Language of Legal Proceedings:
Switzerland: Multilingual, with proceedings conducted in one of the four
official languages (German, French, Italian, and Romansh) based on the
region.
• France: French is the official language of legal proceedings.
 Thank You
Presented by: Sidra Muhammad
faisal