Malaysia Hotline: +603- 2141 8908
There
are two types of lower judicial courts in France, the civil courts and the
criminal courts. The function of the civil courts is to judge conflicts arising
between persons; the function of the criminal courts is to judge minor
infractions (contraventions ) and graver offenses (délits ) against the law.
The most
serious crimes, for which the penalties may range to life imprisonment, are
tried in assize courts; these do not sit regularly but are called into session
when necessary. They are presided over by judges from the appeals courts. In
addition, there are special commercial courts, composed of judges elected among
themselves by tradesmen and manufacturers, to decide commercial cases;
conciliation boards, made up of employees and employers, to decide their
disputes; and professional courts with disciplinary powers within the professions.
Special administrative courts deal with disputes between individuals and
government agencies. The highest administrative court is the Council of State.
From the
lower civil and criminal courts alike, appeals may be taken to appeals courts.
Judgments of the appeals courts and the courts of assize are final, except that
appeals on the interpretation of the law or points of procedure may be taken to
the highest of the judicial courts, the Court of Cassation in Paris. If it
finds that either the letter or spirit of the law has been misapplied, it may
annual a judgment and return a case for retrial by the lower courts.
The High
Court of Justice, consisting of judges and members of parliament, is convened
to pass judgment on the president and cabinet members if a formal accusation of
treason or criminal behavior has been voted by an absolute majority of both the
National Assembly and the Senate. The death penalty was abolished in 1981.
The
Conseil Constitutionnel, created by the 1958 constitution, is now the only
French forum available for constitutional review of legislation. Challenges to
legislation may be raised by the president of the republic, the prime minister,
the president of the Senate, the president of the National Assembly, 60 senators,
or 60 deputies of the National Assembly during the period between passage and
promulgation (signature of president). Once promulgated, French legislation is
not subject to judicial review.
The
French judiciary is fully independent from the executive and legislative
branches. The judiciary is subject to European Union mandates, which guide
national law. This has been the case in the Court of Cassation since 1975, in
the Council of State since 1989, and now even in the civil courts.
Contact
us
If
you have further queries, please contact Tannet
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hours Malaysia hotline：603-21418908;
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hours Hong Kong hotline：852-27837818;
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hours Hong Kong hotline：86-755-
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