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French Judiciary (The court system (Ordinary courts (2 jurisdiction…
French Judiciary
The court system
Ordinary courts
Cour de Cassation
Courts of Appeal
First instance courts specialised in different subject-matte
2 jurisdiction conflicts
Tribunal des Conflits
Administrative courts
administrative courts
administrative courts of appeal
the Council of State (Conseil d'Etat)
Appointment of judges
by the President in a procedure involving competent section of the high council of the judiciary
Art. 65 constitution
Treaties
Take precedent over national statutes
Under the condition of reciprocity
Monist system country
If a statute potentionally violates both CONSTITUTIONALLY protected right and a CONVETION right
constitutional question must be referred first
NO PRELIMINARY QUESTION!
breach of treaty obligation can be established by lower judges
EU law
the Council of State
Cafés Jacques Vabre
EU law supremacy over statutes by virtue of France's monism clause
art 55 Constitution
The Court of Cassation
Raoul Georges Nicolo
EU law supremacy over statutes by virtue of France's monism clause
EU law does not prevail over the CONSTITUION
Constitutional Review
the Constitutional Council
9 member, 9y term
3 appointed by the President of the Republic
parliamentary committees from both chambers, appointment
can be vetoed
if 3/5 of the added total votes cast by both chambers are against the nomination
3 appointed by the president of National Assembly
3 appointed by the president of the Senate
Appointments once every 3 y
preliminary question
lower ordinary & administrative courts
to their respective Supreme Court
Check the fulfilment of the condition
if fulfilled, the refers the question to the Constitutional Council
3 condition
may not ALREADY DECLARED CONSTITUTIONAL,
UNLESS
change of circumstances
must represent a necessary degree of SERIOUSNESS
must be RELEVANT to the proceeding
the Court of Cassation & the Council of State
question of constitutionality of STATUTES
if it is challenged in court proceeding