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The structure of the French judiciary is divided into three tiers: Inferior courts of original and general jurisdiction; Intermediate appellate courts which hear cases on appeal from lower courts; Courts of last resort which hear appeals from lower appellate courts on the interpretation of law. There are exceptions to this scheme, as noted below.
Organization of the French judiciary for criminal matters. There are two categories of criminal jurisdiction: investigation ( French : instruction ) and judgement ( jugement ). This distinction is echoed by the French code of criminal procedure ( Code de procédure pénale ), which nevertheless does not define how to distinguish the one from ...
Jurisdictional dualism in France is the separation of the French court system into two separate divisions, or "ordres", as they are called in French: the ordinary courts (ordre judiciaire), and the administrative courts [] (ordre administratif). [1]
The Court of Cassation (Cour de cassation) is the highest court and the only national court on civil and criminal matters. [3] It has six chambers, five civil chambers: (i) on contract, (ii) on delict, (iii) on family matters, (iv) on commercial matters, (v) on social matters: labour and social security law; and (vi) on criminal law. [ 48 ]
French law provides for a separate judicial branch with an independent judiciary which does not answer to or is directly controlled by the other two branches of government. [40] France has a civil law legal system, the basis of which is codified law; however, case law plays a significant role in the determination of the courts.
The Palais-Royal in Paris, home of the Conseil d'État. The Council of State originates from the 13th century, by which time the King's Court (Curia regis) had split into three sections, one of which was the King's Council (Curia in consilium, later Conseil du roi), which too broke up into three distinct parts: the Conseil secret 'Privy Council', the Conseil privé 'Private Council', and ...
Entrance to the Court of Appeal at Aix-en-Provence. In France, a cour d’appel (court of appeals) of the ordre judiciaire (judiciary) is a juridiction de droit commun du second degré, an appellate court of general jurisdiction. It reviews the judgments of a tribunal judiciaire.
The building of the Court of Cassation. The prosecution, or parquet général, is headed by the Chief Prosecutor (procureur général). [c] The Chief Prosecutor is a judicial officer, but does not prosecute cases; instead, his function is to advise the Court on how to proceed, analogous to the Commissioner-in-Council's [d] role within the Conseil d'État (lit.