Court of Cassation (France) - Other Related Courts

Other Related Courts

The Court is not the only court of last resort in France. Cases involving claims against government bodies, local authorities, or the national government, including all delegated legislation (e.g., statutory instruments, ministerial orders), are heard by the administrative courts for which the court of last resort is the Council of State. In cases where there appears to be concurrent jurisdiction or a conflict of laws between the judicial and administrative courts, whether both retain jurisdiction ("positive dispute") or decline jurisdiction ("negative dispute"), the Jurisdictional Disputes Tribunal (Tribunal des Conflits) decides the issue. The Court is composed of 4 members from both senior courts, and occasionally, such as during a tie vote, the justice minister who, if present, will preside.

Neither court has the power to strike down primary legislation (i.e., laws passed by the Parliament). The courts can, however, refuse to apply any statutory provision they consider inconsistent with France's international treaty obligations. Instead, constitutional review lay in the Constitutional Council, which can strike down any law that it deems unconstitutional. Before a law is enacted, the French President, speaker of either house of Parliament, or, more commonly, 60 parliamentarians from the same house may petition the Council for review. Some laws, mostly constitutional laws (loi organique), come before the Constitutional Council for review without first being petitioned. Courts may adopt a restrictive approach to applying statute.

The European Court of Human Rights (ECtHR) has jurisdiction over claims of government violations in breach of the European Convention on Human Rights in any EU member country. Before the ECtHR grants appeal, a claimant must have exhausted all available judicial recourse in the violating country; in France this means following the appeals process to either senior court. Even so, the ECtHR has original jurisdiction, not appellate jurisdiction.

Additionally, French courts may petition the European Court of Justice to certify a question of law concerning EU law.