What cases is trial by jury available for?

Trial by jury is available only for severe criminal cases, which are the jurisdiction of the Courts of Assizes.

What is the difference between pre-trial proceeding and open court proceeding?

Pre-trial proceedings are inquisitorial by nature, but open court proceedings are adversarial.

What do courts of administrative law adjudicate on?

Courts of administrative law adjudicate on claims and suits against government offices and agencies.

What is the structure of administrative stream?

The administrative stream is made up of administrative courts, courts of administrative appeal, and the Council of State as the court of last resort.

What cases does the Council of State hear and what powers does it have?

The Council of State hears cases against executive branch decisions and has the power to quash or set aside executive-issued statutory instruments such as orders and regulations when they violate constitutional law, enacted legislation, or codified law.

What are the main areas of power of the Constitutional Council?

The Council has two main areas of power: 1. The first is the supervision of elections, both presidential and parliamentary and ensuring the legitimacy of referendums. They issue the official results, they ensure proper conduct and fairness, and they see that campaign spending limits are adhered to. The Council is the supreme authority in these matters. The Council can declare an election to be invalid if improperly conducted, or if the elected candidate used illegal methods, or if he spent for his campaign over the legal limits.

2. The second area of Council power is the interpretation of the fundamental meanings of the constitution, procedure, legislation, and treaties. The Council can declare dispositions of laws to be contrary to the Constitution of France or to the principles of constitutional value that it has deduced from the Constitution or from the Declaration of the Rights of Man and of the Citizen. It also may declare laws to be in contravention of treaties which France has signed, such as the European Convention on Human Rights. The decisions of the Council are binding on all authorities.

Is it necessary for a parliamentary act to be examined by the Constitutional Council?

In some cases, examination of laws by the Council is compulsory.

In what cases is examination of laws necessary?

Organic bills, those which fundamentally affect government and treaties, need to be assessed by the Council before they are considered ratified. Amendments concerning the rules governing parliamentary procedures need to be considered by the Council, as well. Guidance may be sought from the Council in regard to whether reform should come under statute law (voted by Parliament) or whether issues are considered as règlement (regulation) to be adopted with decree of the prime minister.

What is the composition of the Constitutional Council?

The Council is made up of former presidents of the Republic who have chosen to sit in the council (which they may not do if they become directly involved in politics), and

nine other members who serve non-renewable terms of nine years, one third of whom are appointed every three years, three by the president of the Republic, three by the president of the National Assembly, and three by the president of the Senate. The president of the Council is selected by the president of the Republic.

What is the French political system characterized by?

French politics are characterised by two politically opposed groupings: one Left-wing centredaround the French Socialist Party and the other Right-wing and centred around the neo-Gaullist Union for a Popular Movement (UMP).

What are the foundations of democracy and freedom of opinion in France?

Pluralism and competition of various political groups are among the foundations of democracy and freedom of opinion.

What is at the heart of the French political culture?

At the heart of the French conflictual political culture is the multi-party system.

What trends in party organization have appeared in recent years?

Currently two trends have appeared in recent years:

1) Fewer parties with longer-lasting coalitions - Before the Fifth Republic, thenumber of parties proliferated, many with very specific goals and causes. Todaythe parties have stabilized and appear to be forming longer-last coalitions thanduring the Third and Fourth Republics. Multiple parties do still exist, with atleast five major political parties that are still important in determining policy anddefining voter behavior.

2) Movement toward the ideological center. Even though the left/right division isstill important, at least three of the major political parties have moderated theirviews and policies toward the center of the ideological spectrum. One party -The Union for French Democracy - bases its voter appeal on its centristpositions, and has influenced the more right-leaning RPR to join with it often asa coalition that appeals to a broad range of voters.

What levels are parties organized at?

Political parties are organized and introduced at two levels in France;

– At national level, a national office or council, led by a chairman or nationalsecretary, most often elected by all its members;

– At local level, branches or cells organised into Departmental federations.

Their bodies are elected by the members.

What are the roles of political parties in France?

Political parties take an active part in conducting political life:

• They serve as intermediaries between the people and those in power: they compile the people’s demands and needs and convert them into a political programme.

• They play a leadership role: They aim to exercise power with a view to implementing the political programme they announce.

• They have taken on the role of shaping and selecting political leaders