Overview
France is the classic civil-law country: law is written down in comprehensive codes, and judges apply the code rather than building law from precedent. The Constitution of the Fifth Republic (1958) organises a semi-presidential state.
Legal system & tradition
Civil law derives from Roman law and was systematised in the Napoleonic Code of 1804. Legislation and codes are the primary source; court decisions guide but do not formally bind future cases. A separate stream of administrative law governs disputes with the state.
Constitution & government
The 1958 Constitution created the Fifth Republic, with a strong president and a prime minister answerable to Parliament. The Constitutional Council reviews laws against the Constitution and, since 1971, against the 1789 Declaration of the Rights of Man and of the Citizen.
Courts & disputes
France has two court orders. The judicial order (civil and criminal) is topped by the Court of Cassation; the administrative order, handling disputes with public authorities, is topped by the Council of State. The Constitutional Council polices constitutionality.
Major branches of law
Rights & rule of law
Fundamental rights flow from the 1789 Declaration, the Constitution’s preamble, and European law. The Constitutional Council and ordinary courts protect them; laïcité — secularism — is a defining principle of the French state.
Key milestones
Higher-risk & getting help
Avocats provide legal advice and representation. Free legal information is available at maisons de justice et du droit and through legal aid (aide juridictionnelle) for those who qualify. For emergencies, contact the police or emergency services.
Official sources
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