Prepared by Molly Mackey, Tarlton Fellow
This guide is intended to serve as a starting point for attorneys and law students who wish to research French law at the Tarlton Law Library, or electronically. The guide is geared towards those who are not familiar with the French legal system and who speak little or no French. Though it does not provide each and every available source dealing with French law, the guide does provide a thorough sampling of available research sources.
This guide is organized in such a manner as to provide some general background information on the French legal system before moving into actual research sources. Following this is information about legal sources for France. As in the United States, France recognizes primary sources of law – those that are authoritative, and secondary sources of law – those that are persuasive. This guide is broken down to reflect these two categories. Both electronic and print resources are discussed in each section, as well as tips for citation formatting. Electronic resources mentioned throughout the guide are freely accessible, though the final section of the guide does include information on select commercial electronic resources.Researchers should try to define from the outset what they wish to accomplish through their research. If the task at hand is simply trying to locate the text of a specific provision of the French Commercial Code, then the researcher is advised to proceed to the Legislation segment of this guide. If the goal is simply to gain background knowledge, the researcher may read over the introductory section on the History of the French Legal System, as well as the summaries of each section.
Tips for electronic resources:
It is useful for the researcher to have a list of key terms that they can plug into electronic search engines. For the most part, these terms can be simple and relate specifically to the desired topic, such as “France,” “trademark law,” “French courts,” etc. Both Westlaw and Lexis (discussed under Commercial/Fee-based sites) provide a choice in methods of searching for information. The “Terms & Connectors” option permits Boolean searching and requires the researcher to enter search terms joined by connectors, or symbols placed between the search terms to specify the relationship between them. One can also use the root expander and the universal character to ensure that a search retrieves different forms of the entered search terms. The “Natural Language” option is a broader mechanism in that it allows whole search phrases to be entered, but this may cost the researcher more time in finding useful results.
One excellent electronic resource for French law is Legifrance (http://www.legifrance.org/). Legifrance, which will be referenced later in this guide, is a free French database that contains statutes and decrees from 1978, all the official codes, and links toward other official sites. This is a useful source, though it does illustrate a problem in French legal research, which is that not all parts of the site are available in English. This is one of the few areas where researchers can access case law of the highest French courts (le Conseil Constitutionnel), but only in the French language.Tips for print resources:
Most French legal materials are located in Tarlton Law Library on the 6th floor under the KJV call numbers. The following is a sample list of pertinent subject terms to use when searching for French print resources in TALLONS (the online catalogue of the Tarlton Law Library):
Print resources: Library of Congress subject headings for sources of French law*Note – This is a basic list of subject headings, but many others exist.
In addition to searching by subject heading, researchers can search via keyword searches in TALLONS (Tarlton's online catalog). This can be a useful technique when the researcher has a vague idea of his topic, but does not know exactly what subject it would fall under. Examples of keywords to use in keyword searches are noted above in tips for electronic resources.
The main problem with researching the French legal system is that many of the resources are entirely in French. English translations can be found for some sources, and the French government is encouraging making more information available in English. However, finding these versions may require more in-depth searching, and certain French web sites that purport to have an English version will not contain the full English translation. The best way to handle this problem is first to see if a French web site does offer an English translation. If it does not, then move on to another site. If it does, then click on the link to the English translation to ensure that the link is still a good one and that the translation is complete.
Another problem is in locating reports of French case law. It is difficult to locate the texts of case decisions online without paying a fee, but this is also changing. English translations of French cases are especially scarce and not very accessible online. Some coverage of court decisions can be found on the official web sites for the courts, but these are largely or all in French. This means that researchers will probably have to consult print sources for translations.
Finally, proper citation format can prove difficult for researchers unfamiliar with citing the laws of foreign jurisdictions. In order to alleviate this difficulty, this guide includes citation format reference information.France has a civil law legal system as opposed to common law. Common law is law derived from judicial decisions and operates as the legal system for many countries including the United States. Civil law stems from the Roman law of Justinian's Corpus Juris Civilis, proceeding from broad legal principles and the interpretation of doctrinal writings.
Researching French law, therefore, follows a different methodology from that used for researching United States law. In France , the focus is on codified law rather than civil case law and precedent. It is important to note that although France's system is based on civil law, case law does still play an important role in practice. Although French case law is not officially recognized as an authoritative source of law, it is crucial to the development of the law.In order to gain a basic understanding of the legal materials of any country, it is a good idea to consult introductory materials. Researchers should try consulting an English language introduction to French law to prepare for the differences between the legal system in France and that of the United States.
Amos and Walton's Introduction to French Law by Maurice Amos and Frederick Walton (Oxford: Clarendon Press, 1967).
Location: Call # KJV 450.A46 1967 on 6th floor of Tarlton Law Library.French Legal Cultures by John Bell ( London : Butterworths, 2001).
Location: Call # KJV 233 B44 2001 on 6th floor of Tarlton Law Library.French Substantive Law by Christian Dadomo and Susan Farran (London : Sweet & Maxwell, 1997).
Location: Call # KJV 233 D342 1997 on 6th floor of Tarlton Law LibraryIntroduction to French Law by Brice Dickson (London: Pitman, 1994).
Location: Call # KJV 450 D54 1994 on 6th floor of Tarlton Law Library.A Sourcebook on French Law by Sir Otto Kahn-Freund (New York: Oxford University Press, 1991).
Location: Call # KJV233.R83 1991 on 6th floor of Tarlton Law Library.
For a more in-depth overview, researchers should try consulting an English language treatise on French law.
French Administrative Law. 5 th ed. by L. Neville Brown ( New York : Oxford University Press, 1998).
Location: Call # KJV 4669 B76 1998 on 6th floor of Tarlton Law LibraryFrench Constitutional Law by John Bell (New York: Oxford University Press, 1992).
Location: Call # KJV 4390 B45 1992 on 6th floor of Tarlton Law LibraryPrinciples of French Law by John Bell, Sophie Boyron, and Simon Whittaker (New York: Oxford University Press, 1998).
Location: Call # KJV 233 B45 1998 on 6th floor of Tarlton Law Library
The current French Constitution is the Gaullist Constitution, which was adopted in 1958 and is superior to all statutes. It can, however, be amended by the legislature as permitted by Article 89 of the Constitution. The Constitution organizes the system of power and sets out the different roles. Under this system, the executive shares power with a bicameral legislature. The president, who is Chief of State and at the head of the executive power, is elected for five years by universal suffrage. The Parliament consists of two bodies, the Assemblée Nationale, or National Assembly, and the Sénat, or Senate.
Constitutional law is composed of four sources, and referred to by the courts as le bloc de constitutionnalité. The four sources include: (1) the text of the 1958 Constitution itself; (2) the Declaration of the Rights of Man and the Citizen of 1789; (3) the Preamble to the 1946 Constitution which contains a long list of political, economic and social principles; and (4), the fundamental principles of law recognized by the laws of the Republic, or les principes fondamentaux reconnus par les lois de la République, which are referred to in the Preamble to the 1946 Constitution.
Electronic resources:
The 1958 Constitution and the Declaration of the Rights of Man and the Citizen are available online in English translations on the governmental web sites of the National Assembly and of the President at:
http://www.assemblee-nationale.fr/english/8ab.asp
http://www.elysee.fr/elysee/anglais/the_institutions/founding_texts/the_declaration_of_the_human_rights/the_declaration_of_the_human_rights.20240.html*Note - Since the Constitution is frequently amended; it may take a while for the latest amendments to be added to the English text. Other electronic resources include:
Legifrance (Official version in French) at: http://www.legifrance.gouv.fr/html/constitution/constitution.htm
Print resources:
Tarlton Law Library contains several French constitutional documents in paper format. French constitutional materials are located on the 6th floor of the Tarlton Law Library at call numbers beginning with KJV 4074.
English translations of French constitutional materials are also available in multi-jurisdictional collections, which include two looseleaf services:
French Law: Constitution and Selective Legislation by De Vries, Galston, and Loening (New York: M. Bender 1981-).
Location: Call # KJV 65 1981 on the 6th floor of the Tarlton Law LibraryConstitutions of the Countries of the World by Blaustein & Flanz, eds. vol. VI (NewYork: Oceana 1971-).
Location: Call # K 3157 E5 B5 on the 6th floor of the Tarlton Law Library
Citation format:
See Rule 20.4 of The Bluebook: A Uniform System of Citation on Foreign Constitutions
In France , the legislative power belongs to the Parliament, which consists of l'Assemblée Nationale (the National Assembly) and le Sénat (the Senate). A broad definition of legislation in France encompasses the Constitution, treaties, statutes, regulations, and the codes. The domain of parliamentary statutes is limited to certain areas. Legislation outside of those areas (set forth below) can be enacted by regulations, which fall within the executive area of power. A statute, unlike a regulation, requires official promulgation by the President of the Republic. Statutes normally come into force the day after they are published in France's Journal Officiel (JO).
As dictated by Title V, Article 34 the 1958 Constitution, the domain of parliamentary statutes is limited to the following areas:
Parliamentary statutes also determine the fundamental principles of education, property rights, labor law, and social security. Laws on subjects outside of those listed fall within the Executive domain; also dictated by Title V, Article 34 of the 1958 Constitution.
Regulation, or règlement, is the general term for impersonal measures taken by an administrative authority. Regulations fall into two main categories. Décrets are those issued by the President or the Prime Minister. Arrêtés are issued by a minister, a regional prefect or a mayor.
Ordinanances, or ordonnances, are provided for in Article 38 of the 1958 Constitution. Under this provision, the government may request Parliament for authority to issue ordinances for a limited period of time. Ordinances have the nature and force of law and come into force as soon as they are published, but they will lapse if a statute is not passed to ratify them before the set time period expires.
Electronic resources:
Statutes and regulations are published in the Journal Officiel de la République Française (Official Gazette), which is available (in the French language) at: http://www.jura.uni-sb.de/france/adminet/jo/. Publication of the Journal Officiel starting from 1998 and continues through the present, with some limitations in coverage.
Print resources:The Tarlton Law Library does not maintain the Journal Officiel de la République Française in print, however, it does maintain an excellent collection of French Codes available on the 6th floor.
See Rule 20.5.2 of The Bluebook: A Uniform System of Citation on Statutes in Civil-Law and Other Non-Common-Law Jurisdictions
Codes are the basis of all France law, in accordance with civil law tradition. The most prominent codes in France are the five original Napoleonic codes:
Online sources to these five French codes are available in French (official versions) on Legifrance at: http://www.legifrance.gouv.fr/html/frame_codes_lois_reglt.htm.
English translations of select French codes are also available on Legifrance at: http://www.legifrance.gouv.fr/html/codes_traduits/liste.htm.
Print resources:
To locate print sources for French codes at Tarlton Law Library, researchers should start with Foreign Law: Current Sources of Code and Basic Legislation in Jurisdictions of the World, by Thomas H. Reynolds and Arturo A. Flores (Littleton, Colo.: F.B. Rothman, 1997-). The Reynolds & Flores books extremely useful in locating code materials and are available in the Foreign Law Office on the 6th floor of the Tarlton Law Library at call # K 38 R49 1989. It is also useful to perform a keyword search on TALLONS for the name of the code.
Citation Format:
See Rule 20.5.2 of The Bluebook: A Uniform System of Citation on Statutes in Civil-Law and Other Non-Common-Law Jurisdictions
It is important to determine from the outset whether or not there are any treaties that specifically deal with the topic of research. Article 55 of the 1958 Constitution provides that:
Treaties or agreements duly ratified or approved shall, upon publication,
prevail over Acts of Parliament, subject, in regard to each agreement or
treaty, to its application by the other party.
Electronic Resources:
Online sources to select French treaties are available in French (official versions) on Legifrance at:
http://www.legifrance.org/html/sites/droit_commun.htm and http://www.legifrance.org/html/traitesinternationaux/traites.htm
Treaties are also published in French in the Journal Officiel (or J.O.), which is the official source: http://www.jura.uni-sb.de/france/adminet/jo/
Citation format:
See Rule 21.4 of The Bluebook: A Uniform System of Citation on Treaties and Other International Agreements
(1) Cour de Cassation
The Cour de Cassation, a Supreme Court of Appeals, resides at the head of the judiciary courts and is located in the Palace of Justice (Palais due Justice) in Paris. The French President has the task of appointing 80 judges from nominations of the High Council of the Judiciary.
http://www.courdecassation.fr/
This site provides information about the Cour de Cassation in French, including its annual reports going back to 1997. English translations of the Court's organization, judges, description of the office of the Procurer General, the Court's statistics, review process, and a description of the Court's Commissions and Committees are available at: http://www.courdecassation.fr/_Accueil/anglais/anglais.ht.
Print resources for French cases are available at the Tarlton Law Library. These can be found by going to TALLONS and using “Law – France – Periodicals” or “Law reports, digests, etc. – France ” as the Library of Congress subject headings.
Sources for French case decisions in the Tarlton Law Library include Receuil le Dalloz (at Call # KJV 80 R42); Rapport de la Cour de cassation (at Call # KJV 3792 F73); Le Semaine Juridique (at Call # KJV 80 S45); and Gazette du Palais (at Call # KJV 80 G39).
(2) Conseil d'Etat
At the top of the administrative courts (concerning litigation which involves the public sector), is the Council of State, or Conseil d'Etat, with 7 administrative appellate courts and 35 administrative tribunals.
http://www.conseil-etat.fr/ce/home/index.shtml
This site provides information about the Conseil d'Etat in French and includes a list of case law decisions going back to 1999.
Print resources for French cases are available at the Tarlton Law Library. These can be found by going to TALLONS and using “Law – France – Periodicals” or “Law reports, digests, etc. – France ” as the Library of Congress subject headings.
Sources for French case decisions in the Tarlton Law Library include Receuil le Dalloz (at Call # KJV 80 R42); Recueil des décisions du Conseil d'Etat (at Call # KJV 4662 F732); Le Semaine Juridique (at Call # KJV 80 S45); and Gazette du Palais (at Call # KJV 80 G39).
Citation format:
See Rule 20.3.2 of The Bluebook: A Uniform System of Citation on Civil Law and Other Non-Common-Law Cases
(3) Conseil Constitutionnel
The Constitutional Council, called the Conseil Constitutionnel, is charged with handling constitutional review of the statutes before they are enacted. In addition, the Conseil Constituionnel controls the national elections for the Parliament and the President of the Republic. There are nine members on the Constitutional Council: three members appointed by the President, three members appointed by the President of the National Assembly, and three appointed by the President of the Senate.
Most French case reports are produced by commercial publishers and not many French case decisions are available to researchers on the Internet. Researchers can, however, obtain general information about the courts and the French judicial system via the Internet:
This site provides information that is mostly in French, however, it does provide English translations of the following at:
http://www.conseil-constitutionnel.fr/langues/anglais/essential.htm
Print resources for French cases are available at the Tarlton Law Library. These can be found by going to TALLONS and using “Law – France – Periodicals” or “Law reports, digests, etc. – France ” as the Library of Congress subject headings.
Sources for French case decisions in the Tarlton Law Library include Receuil le Dalloz (at Call # KJV 80 R42 ) ; Le Semaine Juridique (at Call # KJV 80 S45 ); and Gazette du Palais (at Call # KJV 80 G39).
Citation format:
See Rule 20.3.2 of The Bluebook: A Uniform System of Citation on Civil Law and Other Non-Common-Law Cases
The Tarlton Law Library maintains a strong and diverse collection of French law reviews and periodicals. Researchers should be aware that the majority of these publications are in the French language.
Electronic resources:
Index to Foreign Legal Periodicals (IFLP)
IFLP is available online through Tarlton Law Library's research databases. IFLP indexes articles in foreign (outside the United States ) periodicals. These articles discuss a number of topics including treaty texts, comparative and municipal law. IFLP coverage extends from 1985 up to the present and is updated quarterly.
Useful search terms to use for subject word searching include but are not limited to:
Print resources:
Examples of French law review titles and periodicals in Tarlton's collection include:
Droits: revue française de théorie juridique
Located at Call # K 4 R63Droit social : revue des rapports professionnels et de l'organisation de la production
Located at Call # KJV 3372 D76Gazette du palais : jurisprudence et législation
Located at Call # KJV 80 G39La semaine juridique
Located at Call # KJV 80 S45Recueil le Dalloz
Located at Call # KJV 80 R42Revue critique de droit international privé
Located at Call # JX 6002 R3Revue de droit bancaire et financier
Located at Call # K 21 D415Revue de l'arbitrage
Located at Call # K 21 D455Revue de science criminelle et de droit pénal comparé
Located at Call # KJV 7972 R48Revue des sociétés
Located at Call # K 21 D47Revue du droit public et de la science politique en France et a l'étranger
Located at Call # K 21 D84Revue française de droit administratif
Located at Call # K 21 F72Revue historique de droit français et étranger
Located at Call # KJV 6 R48Revue trimestrielle de droit civil
Located at Call # KJV 441.2 R48Revue trimestrielle de droit commercial et de droit économique
Located at Call # KJV 2192 R48
Citation format:
See Rule 20.6 of The Bluebook: A Uniform System of Citation on Non-English Language and Foreign Periodicals
Commercial/fee-based sites:
Researchers should be aware that, although select information on French law can be found using Westlaw and Lexis, the coverage in these two databases is minimal.
Researching French law presents many challenges, especially to those who have little or no knowledge of the French language. More resources are being translated into English, however, and this will facilitate French legal research in the future. Keep in mind that the links provided in this research guide are not permanent.