Ch. 6(A)(1): The Structure of the French Legal System

• The Executive Branch
• DeGaulle's strong presidency (1958) modifying parliamentary system
• extended regulatory powers of the executive
• president as head of state
• prime minister as head of government
• power of National Assembly to cause resignation of government
• executive acts not subject to review in the ordinary courts
• "judicial" review of such acts within the government as France's most important contribution to development of public law
• tribunal of conflicts to oversee jurisdictional conflicts between judiciary and Council of State
• The Legislative Branch
• members of parliament cannot at the same time be members of government (incompatibility of offices)
• exclusive list of legislative powers, remainder belongs to executive (Const. arts. 34, 37, 38)
• no power of legislative initiative where expenditure of public resources involved
• NA can override Senate's opposition to a bill, and only it can force resignation of government
• The Judicial "Branch"
• a separate "power", but not a separate institution with inherent powers like US
• no power of judicial review either of legislation or of administrative acts
• close association with the Ministry of Justice
• Administration of the Law of the Constitution
• conseil constitutionnel (legislation)
• conseil d'etat (executive acts)
• Administrative Organization
• regions
• departments (prefects and councils)
• arrondissements
• cantons
• communes
• Judicial Organization (chart. p. 550)
• civil courts
• criminal courts
• appellate courts
• Court of Cassation