FRANCE

• Constitution of France
• French Presidency
• French Prime Minister and Government
• French Senate
• French National Assembly
• French Ministry of Justice (in French)
• Legifrance: French Law
• Droit.org [portal for French law]
• Napoleonic Code
• French Law Guide (LLRX)
• Researching French Law (LLRX)
• French Legal Research (Harvard Law Library)
• Legal News France

The constitution of the Fifth Republic was approved by public referendum on September 28, 1958. It greatly strengthened the authority of the French executive in relation to Parliament. Under the constitution, the president is elected directly for a 7-year term. Presidential arbitration assures regular functioning of the public powers and the continuity of the state. The president names the prime minister, presides over the cabinet, commands the armed forces, and concludes treaties.

The president may submit questions to a national referendum and can dissolve the National Assembly. In certain emergency situations, the president may assume full powers. Besides the president, the other main component of France's executive branch is the cabinet. Headed by a prime minister, who is the nominal head of government, the cabinet is composed of a varying number of ministers, ministers-delegates, and secretaries of state. Parliament meets for one 9-month session each year. Under special circumstances an additional session can be called by the president. Although parliamentary powers are diminished from those existing under the Fourth Republic, the National Assembly can still cause a government to fall if an absolute majority of the total Assembly membership votes to censure.

The National Assembly is the principal legislative body. Its deputies are directly elected to 5-year terms, and all seats are voted on in each election. Senators are chosen by an electoral college for 9-year terms, and one-third of the Senate is renewed every 3 years. The Senate's legislative powers are limited; the National Assembly has the last word in the event of a disagreement between the two houses. The government has a strong influence in shaping the agenda of Parliament. The government also can link its life to any legislative text, and unless a motion of censure is introduced and voted, the text is considered adopted without a vote.

Source: US Department of State

• France: The Judicial System
• Jurisprudence (LegiFrance)
• Conseil Constitutionnel (in French)
• Conseil d'Etat
• Cour de Cassation
• Court of Accounts
• Cours d'Appel
• Ecole Nationale de la Magistrature

The most distinctive feature of the French judicial system is that it is divided into the Constitutional Council and the Council of State. The Constitutional Council examines legislation and decides whether it conforms to the constitution. Unlike the U.S. Supreme Court, it considers only legislation that is referred to it by Parliament, the prime minister, or the president; moreover, it considers legislation before it is promulgated. The Council of State has a separate function from the Constitutional Council and provides recourse to individual citizens who have claims against the administration.

The French court system includes local courts, 35 regional courts of appeal, and the highest criminal court, the Court of Cassation, which considers appeals on procedural grounds only. Magistrates compete for entry into the National School for Judges; upon completion of their course of study and rigorous exams, magistrates are placed according to their class ranking.

Source: US Department of State

• Amnesty International - Report 2001
• Report on Human Rights Practices - 2001 (US Department of State)

The French Government generally respected the human rights of its citizens in 2001, although there were a few problems in some areas; the law and judiciary provide an effective means of dealing with individual instances of abuse. There were instances of the abuse of detainees, particularly foreigners, and reports of the use of excessive force by law enforcement officers. Long delays in bringing cases to trial and lengthy pretrial detention were problems. Violence and some discrimination against women, as well as child abuse, were problems, which the Government took steps to address. Anti-Semitic incidents decreased during the year. There were instances of violence and discrimination against immigrants and religious minorities. Trafficking in women and girls was a problem, which the Government took steps to address.

Source: US Department of State

• Conseil Nationale des Barreaux
• French Law Firms (Martindale-Hubbell)
• Ordre des Avocats a la Cour de Paris [Paris Bar] (in French)

• Clermont-Ferrand Faculty of Law (in French)
• Université Paris II

• Montpellier (University of Florida)
• Nantes (Drake Law School)
• Orléans (Saint Louis University School of Law)
• Paris (Tulane University)
• Strasbourg (Regent University School of Law)