Law of France

Lore & Background

French law is divided into private law (judicial law) and public law. Private law includes civil law and criminal law; public law includes administrative law and constitutional law. European Union law, based on EU treaties and ECJ rulings, is a well-established and fully integrated part of French law, operating under a supranational framework distinct from U.S. federalism. Legislation is the primary source, but administrative law was largely created by the Conseil d'État through case law. French legal sources follow a hierarchy: the Constitution is the supreme norm domestically, followed by treaties (which are superior to ordinary statutes but cannot violate the Constitution), then parliamentary statutes, then government regulations. EU law is superior to ordinary statutes, but French courts, particularly the Constitutional Council, have held that EU law cannot violate the Constitution, creating a nuanced hierarchy rather than a simple superiority of EU law over the Constitution.

Reader's Guide

The French legal system is foundational to the civil law tradition, emphasizing codified statutes over case law. Its dual jurisdictional structure separates private and public law, with specialized courts for each. The hierarchy of norms ensures constitutional supremacy, while EU law adds a supranational layer. French codes, such as the Napoleonic Civil Code, aim to present law coherently, and modern codification continues through the Commission Supérieure de Codification. Case law, though not binding, is highly influential, especially in areas like tort liability and administrative law. The system's formalism and reliance on statutes distinguish it from common law jurisdictions, yet its practical operation shows significant judicial law-making.

Did You Know?

• French law has a dual jurisdictional system comprising private law (droit privé) and public law (droit public).
• Legislation is the primary source of French law, unlike common law systems where case law is foundational.
• French administrative law was primarily created by the courts, especially the Conseil d'État.
• There are about 78 legal codes in France currently in force, published for free on Légifrance.