In the context of France, the concept of "two sets of courts" refers to the dual court system that divides the judiciary into two main branches: ordinary (judicial) courts and administrative courts. This dual system reflects the long-standing separation of powers between ordinary law and public law in France, a system that dates back to the Napoleonic era.
1. Judicial Courts (Ordinary Courts):
These courts handle disputes between private individuals, as well as criminal cases. They deal with matters that fall under private law (civil law, criminal law, commercial law). Judicial courts are divided into two primary types:
- Civil Courts: These handle private disputes, such as contractual disagreements, family matters (divorces, inheritances), and property rights.
- Tribunal judiciaire: This is the main civil court in France, dealing with a broad range of civil matters.
- Criminal Courts: These handle cases of criminal offenses (misdemeanors, felonies).
- Tribunal correctionnel: Handles less serious criminal offenses.
- Cour d'assises: Deals with the most serious criminal offenses like murder, rape, and terrorism.
2. Administrative Courts:
These courts are specialized to handle cases involving public law, specifically disputes between individuals and public authorities (the state, regional governments, or public bodies). The administrative court system ensures that the actions of the state and other public authorities comply with the law and the rights of citizens.
- Tribunal administratif: The first instance court for disputes involving administrative law (e.g., challenging a government decision, disputes over public contracts).
- Cour administrative d'appel: The appellate court for cases from the Tribunal administratif.
- Conseil d'État (Council of State): The highest administrative court in France, which also serves as an advisor to the government on legislative matters. It is responsible for reviewing appeals in administrative matters, as well as ensuring the proper application of public law.
Key Features of the Dual Court System:
- Separation of Competencies: Ordinary courts do not have jurisdiction over public law disputes, while administrative courts cannot decide on cases that belong to the domain of private law.
- Conflict of Jurisdiction: The Tribunal des conflits is a special court in France that resolves disputes over which court (judicial or administrative) has jurisdiction when there is uncertainty between the two.
Historical Background:
This system was formalized after the French Revolution but has its roots in the principles established under Napoleon Bonaparte, who structured the judiciary to maintain a clear distinction between state matters (public law) and individual/private matters (private law). The creation of the Conseil d'État in 1799 marked the beginning of a formal administrative court system in France.
This dual court structure is a defining feature of the French legal system and distinguishes it from some other countries, like the United States or the UK, which generally have a single unified court system.
