Court Structure and Hierarchy

The French judicial system's architecture reflects both historical evolution and rational organization. Unlike federal systems with parallel state and federal courts, France maintains a unified but dual structure separating ordinary courts from administrative courts—a division fundamental to French legal thinking.

The Dual Jurisdiction System

France's most distinctive judicial feature is the separation between:

Ordinary Courts (Ordre Judiciaire): Handle civil disputes between private parties and criminal matters. These courts trace their origins to royal justice and revolutionary reforms.

Administrative Courts (Ordre Administratif): Review government actions and resolve disputes involving public administration. This separate hierarchy emerged from French distrust of ordinary judges reviewing executive actions.

Jurisdictional Conflicts: The Tribunal des Conflits, composed equally of councillors from both hierarchies, resolves disputes over which court system has jurisdiction—a uniquely French institution.

Ordinary Court Hierarchy

The ordinary courts follow a clear hierarchical structure:

#### First Instance Courts

Tribunal Judiciaire: Since 2020 reform, these courts (merging former tribunaux de grande instance and tribunaux d'instance) handle most civil matters: - General jurisdiction for civil disputes - Family matters (divorce, custody, adoption) - Property disputes - Personal status issues - Appeals from specialized courts

Criminal Courts: - Police Court (Tribunal de Police): Minor offenses (contraventions) punishable by fines - Criminal Court (Tribunal Correctionnel): Misdemeanors (délits) punishable up to 10 years imprisonment - Assize Court (Cour d'Assises): Felonies (crimes) with mixed professional-lay judge composition

Specialized Courts: - Commercial Courts (Tribunaux de Commerce): Business disputes with elected merchant judges - Labor Courts (Conseils de Prud'hommes): Employment disputes with equal employer-employee representation - Social Security Courts: Benefits and contribution disputes - Agricultural Land Courts: Rural property matters

#### Appellate Level

Courts of Appeal (Cours d'Appel): Thirty-six courts reviewing first instance decisions: - Multiple specialized chambers (civil, commercial, social, criminal) - Three-judge panels for most matters - Review both facts and law - Can increase or decrease criminal sentences

Assize Appeal Courts: Since 2000, appeals allowed from assize court convictions, heard by larger jury panels.

#### Supreme Level

Court of Cassation (Cour de Cassation): The highest ordinary court: - Six chambers (three civil, one commercial, one labor, one criminal) - Reviews only legal issues, not facts - Ensures uniform law interpretation - Can quash and remand but not decide cases directly - Plenary assembly for most important cases

Administrative Court Hierarchy

The administrative jurisdiction parallels the ordinary courts:

#### First Instance

Administrative Tribunals (Tribunaux Administratifs): Forty-two courts handling: - Challenges to administrative decisions - Public contract disputes - Civil service matters - Tax disputes - Urban planning challenges - Immigration decisions

#### Appellate Level

Administrative Courts of Appeal (Cours Administratives d'Appel): Eight courts reviewing tribunal decisions with specialized formations for different administrative law areas.

#### Supreme Level

Council of State (Conseil d'État): The supreme administrative court combines: - Judicial functions reviewing administrative appeals - Advisory role on government bills and decrees - Historical prestige dating to Napoleon - Influential jurisprudence shaping administrative law

How It Works: Navigating the Court System

Consider Marie, a civil servant, believing she was unfairly passed over for promotion:

Step 1: Determines proper jurisdiction—as a public employment matter, administrative courts have jurisdiction.

Step 2: Files petition with Administrative Tribunal within two-month deadline.

Step 3: Tribunal examines her file, may hold hearing, renders judgment.

Step 4: If unsuccessful, appeals to Administrative Court of Appeal.

Step 5: Final appeal possible to Council of State, but only for legal errors.

Throughout, strict procedures and deadlines apply, with different rules than ordinary courts—illustrating the system's complexity for citizens.