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The Justice system in France and the French National School for the Judiciary. December 2013. I-The French Judicial system. A-How does it work in France?. Duality of the Justice system. Judicial stream Administrative stream Court of conflicts. Judicial stream.
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The Justice system in France and the French National School for the Judiciary December 2013
Duality of the Justice system • Judicial stream • Administrative stream • Court of conflicts
Judicial stream 1/First level of jurisdiction • Civil courts • Criminal courts • Specialized courts: employment tribunal, commercial tribunal • Juvenile justice 2/Second level of jurisdiction • Court of appeal • Factsassessment + law application 3/Supreme Court • Cour de cassation • No factsreassessment; law application; unity of case law
Administrative stream 1/First level of jurisdiction • Administrative courts (persons/authority; public person/public person) 2/Second level of jurisdiction • Administrative appeals court 3/Supreme Court • Conseil d’Etat (Council of State) • Acts of government; appeals; unity of administrative case law
The Judge’s robes at the Court at the Court of Appeal
The Prosecutor’s robes at the Court at the Court of Appeal
Established in 1958 under the name of National Centre of Judicial Studies. • Current name adopted in 1970. • Located in Bordeaux, in the south west of France. • Contributes to the initial and life-long training of foreign judges and prosecutors.
Severalways of becoming a judge or prosecutor • After 4 years of lawstudies, 31 yearsold maximum • Civil servant for 4 years • Have worked in a company for 8 years, aged 40 maximum • Article 18-1: 4 years of experience, 4 yearlawdegree, aged 31 minimum and 40 maximum • Competitiverecruitment
French judges’ training 31 months Studies • 27 weeks of studies Internships • 22 weeks in private practice • 1 weekwith police officers • 2 weeks in jail • 10 months as a traineejudge in a court • 7 weeks in a foreign country or in a French firm Final ranking • Preparatory class for our first judicialappointment
Judges in civil law • Juge d’instance (First instance judge) • Juge aux affaires familiales (Family Court judge) • Juge des enfants (Juvenilejudge)
Judges in criminal law • Juge d’instruction (Investigatingjudge) • Juge des libertés et de la détention (Judge in charge of custody and release) • Juge de l’application des peines (Judge in charge of prison sentences) • Juge des enfants (Juvenilejudge)
Prosecutors • Subordination in the chain of command • Indivisibility of the prosecution service • Unchallengeable legitimacy of public prosecutors