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| Courts of Appeal (France) | |
|---|---|
| Court name | Courts of Appeal (France) |
| Native name | Cours d'appel |
| Established | 1800 |
| Country | France |
| Location | Paris; Lyon; Bordeaux; Toulouse; Rennes; Aix-en-Provence; Nancy; Douai; Versailles; Pau; Orléans; Amiens; Caen; Colmar; Grenoble; Chambéry; Dijon; Limoges; Nantes |
| Authority | Code de l'organisation judiciaire |
| Appeals from | Tribunaux judiciaires; Tribunaux de commerce; Conseils de prud'hommes; Tribunaux administratifs (limited) |
| Appeals to | Cour de cassation |
| Chief judge title | Premier président |
| Term length | Until retirement |
Courts of Appeal (France)
Courts of Appeal are intermediate appellate courts in the French judiciary whose role is to review facts and law from lower trial courts and to harmonize jurisprudence before matters may reach the Cour de cassation, the Constitutional Council, or European tribunals. Their jurisdiction, organisation, personnel and procedure evolved from reforms dating to the Consulate and Napoleonic era and interact with institutions such as the Conseil d'État, Tribunal de grande instance, Tribunal correctionnel, Chambre sociale and Chambre commerciale.
The modern Courts of Appeal trace origins to the judicial reorganisation of 1790 and the Law of 22 Floréal Year X (1802) under Napoleon Bonaparte, with precedents in the Parlements of Ancien Régime France and the Ordonnance de 1670. During the Bourbon Restoration and the July Monarchy, reforms under Louis XVIII and Louis-Philippe I adjusted competence and territorial divisions, while the Third Republic codified roles via the Code d'instruction criminelle and later statutes influenced by jurists such as Henri-Robert and Émile Zola (notably in appeals from press trials). The 20th century saw restructuring after both World Wars, with Vichy regime modifications and post-1944 restorations, and late-20th century reforms under ministers like Robert Badinter and presidents François Mitterrand and Nicolas Sarkozy further modernising appellate procedure.
Each Court of Appeal covers a regional appellate circumscription aligned with courts in departments and regions such as Île-de-France, Provence-Alpes-Côte d'Azur, Nouvelle-Aquitaine and Auvergne-Rhône-Alpes, reflecting connections to administrative seats like Palais de Justice (Paris), Palais de Justice of Lyon and Palais de Justice de Bordeaux. Jurisdiction extends to appeals from Tribunaux de grande instance, Tribunaux d'instance, Conseils de prud'hommes, Tribunaux de commerce and, in specific matters, juvenile courts and assize appeals. Interactions occur with the Cour de cassation, Conseil d'État, Court of Justice of the European Union and European Court of Human Rights when questions of EU law or human rights arise. Statutory authority derives from the Code de l'organisation judiciaire and criminal procedure codes enacted by legislatures such as the French Parliament.
Courts comprise civil, criminal and specialised chambers (commercial, social, juvenile) led by a Premier président and a Procureur général who heads the public prosecutors at the appellate level. Judges (magistrats du siège) and prosecutors (magistrats du parquet) are recruited via the École nationale de la magistrature, with careers shaped by the Conseil supérieur de la magistrature and appointments by the President of the Republic. Prominent offices parallel posts in legal education bodies like Université Paris II Panthéon-Assas, Université Lyon III Jean Moulin and research centres such as CNRS law laboratories. Notable professional groups interacting with courts include the Conseil national des barreaux, bar associations of Paris, Bordeaux and Marseille, and unions such as the Syndicat de la magistrature.
Appellate procedure permits full rehearing of facts and law (de novo) in civil matters and reexamination in criminal matters, governed by the Code de procédure civile and Code de procédure pénale. Proceedings involve written pleadings (conclusions), oral hearings before formation collégiale, and deliberations producing arrêt (judgment) or ordonnance. Chambers may refer preliminary questions to the Cour de cassation or questions préjudicielles to the Court of Justice of the European Union; in human-rights matters litigants may invoke the European Convention on Human Rights as adjudicated by the European Court of Human Rights. Case management reforms employ electronic filing systems like RPVA and align with practices in other jurisdictions such as the Court of Appeal of England and Wales for comparative procedure.
Courts of Appeal stand between first-instance tribunals (Tribunal judiciaire, Tribunal de commerce, Conseil de prud'hommes) and the Cour de cassation, ensuring factual assessments and legal interpretation before cassation review. The Cour de cassation examines points of law and may quash arrêts and renvoyer causes to another appellate formation; this interaction evokes doctrines from landmark rulings by the Cour de cassation and commentary in publications like the Recueil Dalloz and the Gazette du Palais. Procedural coordination involves the Ministère de la Justice, ministerial inspectors, and judicial training at the École nationale de la magistrature.
Annual statistical reporting by the Ministry of Justice and agencies such as INSEE records filings, clearance rates, average disposition times and backlog by chambers in cities like Paris, Lyon, Marseille, Toulouse and Lille. Trends show civil docket concentrations in commercial and family law appeals, social chamber caseloads from labor disputes, and criminal appeals post-conviction from assize courts; comparative metrics align with studies by OECD, Council of Europe and academic analyses from institutions like Sciences Po and Université Panthéon-Sorbonne.
Reforms under laws initiated by ministers such as Rachida Dati and Éric Dupond-Moretti addressed delays, territorial realignments, digitalisation and judicial independence debated in forums like the Conseil d'État, Conseil Constitutionnel deliberations, and reports by the Conseil supérieur de la magistrature. Criticism from legal scholars, bar associations and human-rights NGOs targets issues including appointment transparency, resources, case backlog, and harmonisation of jurisprudence; proposals reference comparative models from Germany, United Kingdom, Italy and European standards from the European Commission and Council of Europe.
Category:French courts Category:Judiciary of France