Judiciary of France

Judiciary Of France

In France, judges are considered civil servants exercising one of the sovereign powers of the state, and, accordingly, only French citizens are eligible for judgeship. France's independent judiciary enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the judicial, administrative, or audit court stream. Judicial appointments must be approved by a special panel, the High Council of the Judiciary, made up of other judges from receiving court. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the Council conducted in due process.

The Ministry of Justice handles the administration of courts and judiciary including paying salaries or constructing new courthouses. The Ministry also funds and administers the prison system. Lastly, it receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of public prosecution, though this is controversial since it is seen to represent a conflict of interest in cases such as political corruption against politicians.

At the basic level, the courts can be seen as organized into:

• ordinary courts (ordre judiciaire), which handle criminal and civil litigation
• administrative courts (ordre administratif), which supervise the government and handle complaints

The structure of the French judiciary is divided into three tiers:

• Inferior courts of original and general jurisdiction
• Intermediate appellate courts which hear cases on appeal from lower courts
• Courts of last resort which hear appeals from lower appellate courts on the interpretation of law.

There are exceptions to this scheme, as noted below.