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December 2013

December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

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Page 1: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

December 2013

Page 2: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 3: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 4: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Duality of the Justice system

Judicial stream

Administrative stream

Court of conflicts

Page 5: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Judicial stream1/First level of jurisdictionCivil courtsCriminal courtsSpecialized courts: employment

tribunal, commercial tribunalJuvenile justice

2/Second level of jurisdictionCourt of appealFacts assessment + law

application

3/Supreme CourtCour de cassationNo facts reassessment; law

application; unity of case law

Page 6: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Administrative stream1/First level of jurisdictionAdministrative courts

(persons/authority; public person/public person)

2/Second level of jurisdiction

Administrative appeals court

3/Supreme CourtConseil d’Etat (Council of

State)Acts of government;

appeals; unity of administrative case law

Page 7: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 8: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 9: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Traditional architecture

Page 10: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Modern architecture

Page 11: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 12: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 13: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

The Judge’s robesat the Court at the Court of Appeal

Page 14: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

The Prosecutor’s robesat the Court at the Court of Appeal

Page 15: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

The Lawyer’s robes

Page 16: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 17: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 18: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

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.

Page 19: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 20: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Several ways of becoming a judge or prosecutor

After 4 years of law studies, 31 years old 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 year law degree, aged 31 minimum and 40 maximum

Competitive recruitment

Page 21: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 22: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

French judges’ training31 months

Studies27 weeks of studies

Internships22 weeks in private practice1 week with police officers2 weeks in jail10 months as a trainee judge in a

court7 weeks in a foreign country or in a

French firm

Final rankingPreparatory class for our first

judicial appointment

Page 23: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts
Page 24: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Judges in civil lawJuge d’instance (First

instance judge)Juge aux affaires familiales

(Family Court judge)Juge des enfants (Juvenile

judge)

Page 25: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Judges in criminal law Juge d’instruction (Investigating

judge) 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 (Juvenile judge)

Page 26: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts

Prosecutors- Subordination in the chain

of command

- Indivisibility of the prosecution service

- Unchallengeable legitimacy of public prosecutors

Page 27: December 2013. Duality of the Justice system Judicial stream Administrative stream Court of conflicts