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Law Of France
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdictional Dualism In France
Jurisdictional dualism in France is the separation of the French court system into two separate divisions, or "", as they are called in French: the French judiciary courts, ordinary courts (), and the (). The ordinary courts, also known as the judiciary order, handle French criminal law, criminal and French civil law, civil cases, while the administrative courts handle disputes between individuals and the government. This dual system allows for a clear separation of powers and specialized handling of cases related to the actions of the government. The administrative courts are headed by the Council of State (France), Council of State, and the ordinary courts by the Court of Cassation (France), Court of Cassation for judiciary law. Introduction The separation of public law (administrative) and private law (judiciary) goes back to Roman law. A separate branch for public law existed during the Ancien régime. Many other countries have such a system (including in common-law cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministère Public (France)
In French law, the ''ministère public'' or ''le parquet'' is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to ''magistrats du siège'' (seated magistrates). Its closest equivalent in some English-speaking countries is the (office of the) director of public prosecutions and the attorney general in others. The term ''ministère public'' translates literally as "public ministry" and that institution can exercise a public action (action publique) in penal infractions that cause a disturbance of the '' ordre public'', and can also initiate prosecutions or non-prosecutions. It can intervene in all jurisdictions of the judiciary, but has never really exercised the same role in the administrative areas, except for financial venues (''juridictions financières'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (, ) is the supreme court for civil and criminal cases in France. It is France's highest court. It is one of the country's four superior courts, along with the Conseil d'État (France), Council of State, the Constitutional Council (France), Constitutional Council and the Tribunal des conflits, Jurisdictional Disputes Tribunal. It primarily hears appeals against the decisions of Cour d'assises, courts of assizes and Court of appeal (France), courts of appeal (appeals-in-cassation). The Court only reviews questions of law (but not questions of fact) and bears ultimate responsibility for a uniform interpretation and application of statutory law throughout France. It also filters out appeals challenging the constitutionality of statutes before forwarding them to the Counstitutional Council, reviews lower court verdicts on request of the European Court of Human Rights and hears several other types of cases. The Court is organized into three civil chambers, a c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Constante
' ( French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine ... according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions, e.g., Louisiana. The rule of law applied in the ' directly compares with '. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for '; however, "a series of adjudicated cases, all in accord, form the basis for '." Mor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circulaire
In France, Italy, Belgium, and some other civil law countries, a ( French), ( Italian) or ( Dutch) consists of a text intended for the members of a service, of an enterprise, or of an administration. Within the French and Belgian civil service, a originates from a ministry with the aim of giving an interpretation of a legal text or of a regulation (a decree, or Royal Order), with a view to applying such a regulation consistently. As such, a depends on the general principles of law, but carries more weight than mere administrative acts. provide recommendations: they apply only to employees of the civil service. In certain cases, ''circulaires'' introduce new rules (); such that under certain conditions one can appeal against abuse of power. The body of jurisprudence relating to ''circulaires'' has developed extensively. In principle, ''circulaires'' exist only to comment on existing law and to explain its application in concrete terms. The contentious side of , of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delegated Legislation In The United Kingdom
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament. Statutory instruments are the most frequently used type of secondary legislation, with approximately 3,500 made each year, although only about 1,000 need to be considered by Parliament. They usually have either "Rules", "Order" or "Regulations" in their title. Secondary legislation is used for a wide variety of purposes such as fixing the date on which an Act of Parliament will come into force; setting fees for a public service; or establishing the details of an Act of Parliament. Delegated legislation is dependent on its parent act, which prescribes its parameters and procedures. Although a large volume of delegated legislation is written without close parliamentary scrutiny, there are statutory instrumen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Parliament
The French Parliament (, ) is the Bicameralism, bicameral parliament of the French Fifth Republic, consisting of the Senate (France), Senate (), and the National Assembly (France), National Assembly (). Each assembly conducts legislative sessions at separate locations in Paris: the Senate meets in the Luxembourg Palace, Palais du Luxembourg, the National Assembly convenes at the Palais Bourbon, both on the Rive Gauche. Each house has its own regulations and rules of procedure. However, occasionally they may meet as a single house known as the Congress of the French Parliament (), convened at the Palace of Versailles, to revise and amend the Constitution of France. History and name The French Parliament, as a legislative body, should not be confused with the various parlements of the Ancien Régime in France, which were regional appeals courts with certain administrative functions varying from province to province and as to whether the local law was written and Roman, or cust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Ministers Of France
The Government of France (, ), officially the Government of the French Republic (, ), exercises executive power in France. It is composed of the prime minister, who is the head of government, as well as both senior and junior ministers. The Council of Ministers, the main executive organ of the government, was established in the Constitution in 1958. Its members meet weekly at the Élysée Palace in Paris. The meetings are presided over by the president of France, the head of state, although the officeholder is not a member of the government. The Prime Minister may designate ministers to be titled as ministers of state (), who are the most senior, followed in protocol order by ministers (), ministers delegate (), whereas junior ministers are titled as secretaries of state (). All members of the government, who are appointed by the president following the recommendation of the prime minister, are responsible to the National Assembly, the lower house of the French Parliament. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ordonnance
In French law, an ''ordonnance'' (, "order") is a statutory instrument issued by the Council of Ministers in an area of law normally reserved for primary legislation enacted by the French Parliament. They function as temporary statutes pending ratification by the Parliament; failing ratification they function as mere executive regulations. ''Ordonnances'' should not be confused with '' décrets'' issued by the prime minister (an order-in-council) or president, or with ministerial orders (''arrêtés''); these are issued either in matters where the Constitution allows primary legislation from the Council or as secondary legislation implementing a statute. In the French justice system, the word can also refer to a summary ruling made by a single judge for simple cases. Current usage Motivations Article 34 of the Constitution of France restricts certain legal matters to primary legislation to be enacted by Parliament. All other areas of law fall within the domain of delegated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
President Of France
The president of France, officially the president of the French Republic (), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is the supreme magistracy of the country, the position is the highest office in France. The powers, functions and duties of prior presidential offices, in addition to their relation with the prime minister and government of France, have over time differed with the various constitutional documents since the Second Republic. The president of the French Republic is the co-prince of Andorra, grand master of the Legion of Honour and of the National Order of Merit. The officeholder is also honorary proto-canon of the Archbasilica of Saint John Lateran in Rome, although some have rejected the title in the past. The current president is Emmanuel Macron, who succeeded François Hollande on 14 May 2017 following the 2017 presidential election, and was inaugurated for a second term on 7 May ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
