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Local France
22-05-2025
- General
- Local France
Is the Napoleonic Code really still in force in France?
If you are looking to move to France - or you are seeking out the warnings and advice of foreigners already living here - you might be cautioned that "France still has the Napoleonic code in place". This warning may conjure up images of a person being sent to a remote island as punishment, but the Napoleonic code is not as antiquated as it might sound. In fact, much of the original code is still in use today, though of course there have been many amendments over the years. What is the Napoleonic code? The Napoleonic code is also known as the Code Civile des Français, and it was enacted in 1804, just a few years after Napoleon Bonaparte took power. It was not the world's first civil law system, but it was one of the most influential - and remains an influence on the laws of modern France and many other countries. Advertisement After taking power, Napoleon took it upon himself to deal with the patchy mess that was France's legal system. Prior to the Revolution, there was no secular, civil code covering the entire territory. Instead, there were feudal laws that differed from place to place, while the church enforced rules related to family, marriage and personal behaviour. During the Revolution, the feudal system and the Catholic church were stripped of much of their power in France, with many of their previous rules repealed. For example, homosexuality was decriminalised and slavery outlawed. Napoleon commissioned four jurists to draft the legal code, and he headed up the committee as chairman. The final version of 1804 was encompassed four 'books' ( livres ), covering 'people', 'property', 'different manners of acquiring property', and 'procedure' (the latter was eventually withdrawn). The Napoleonic code may be seen as modern and progressive in some ways - as it strengthened secularism and created a concept of equal rights enshrined by the law (for men). However, it was very patriarchal, walking back much of the progress women made during the Revolution and making them ' minors ' under the law. According to Vie-Publique , it "deprived women of legal rights, making them subject to the authority of their father and husband." These days, although the framework of the Napoleonic code remains in place, many parts have been either repealed or modified. Much if it has also been superceded by more recent domestic laws or international protocols such as the European Convention on Human Rights. During the 20th century, large segments of the civil law were reformed and rewritten to better reflect modern France. Advertisement For example, the loi 85-1372 of December 1985 reformed part of the 'Napoleonic code', granting spouses "joint management of the community life" and removing any references to 'husband or wife' to emphasise equality of spouses. You can actually read through the 'Code Civile' that is currently active on the LegiFrance website. So why do people still warn about the 'Napoleonic code'? If someone warns you about this it's likely that they're talking about French rules about inheritance that came in via the Napoleonic code, and which remain in effect today (with some modernising portions). While the Napoleonic code in its original form was kind of an attempt at marrying the traditional ideas of the Ancien Régime with the liberalism of the Revolution, Napoleon's approach to inheritance was a stark move away from the feudal system. Advertisement Previously, the estate would be passed down to the oldest male heir. This created the tradition of the second son joining the military, and then the third son joining the clergy (hence the term cadet for younger children). Napoleonic law made legitimate children equal in their right to the same portion of the parents' estate. There was a distinction for 'illegitimate' children, but this was amended in the 1970s. Today, the same idea is applied in French law - it is illegal to disinherit children, and they are all entitled to a portion of the estate. This applies to French people and also foreign residents or property owners - and it frequently causes consternation among foreigners as France is one of very few countries to have this system. READ MORE: Death and taxes: What you need to know about estate planning in France Napoleon's influence is still visible in many aspects of French life, from the invention of the lycée (secondary school) system to the Legion of Honor ( Légion d'honneur ). If you plan on applying for French citizenship (or if you're just interested) you can study up on his contributions to France in the Livret du Citoyen. READ MORE: What is France's 'Livret du Citoyen' and why might it be vital to you
Local France
24-04-2025
- Politics
- Local France
Why do French ministers love to send 'circulaires'?
In France, you might see headlines about government circulaires from time to time, particularly if a new minister wants to signal their priorities to the public. A circulaire is an administrative document that is meant to inform members of the French bureaucracy of a policy, in English we might describe it as a memo. Many of them cover mundane topics, like the head of the education ministry sending out a circulaire to workers explaining how school trips should work moving forward. Alternatively, a circulaire can be an opportunity for a French minister to signal their priorities to the public. Advertisement For example, in early April, the French interior minister said J'enverrai très prochainement aux préfets une circulaire pour durcir les conditions de la naturalisation (I will soon send local authorities a 'circulaire' to tighten the conditions of naturalisation). However, in terms of the actual power of a circulaire, it is really meant to clarify the existing law to public servants tasked with enforcing it, rather than bringing in any major changes. READ MORE: French interior minister to 'toughen up conditions for citizenship' So what is a circulaire and what power does it have legally? A circulaire is not the same as a loi (passed by parliament), décret (a regulatory act issued by the president or prime minister), or arrêté (issued by another administrative authority aside from the president or prime minister, like a local town hall). According to the LegiFrance fact sheet , "a circulaire does not have more or less value than a 'note de service' (administrative note sent out to employees)" and it has "no legal impact in itself". In order to be legal, a circulaire must follow existing law. The idea of this document is to help with the organisation of a public administration or body by listing measures to be implemented within the bureaucracy. A circulaire can be sent by any government minister or the head of a public administration body without having to gain the approval of parliament. This explains why ministers like them - they allow them to garner headlines by appearing to 'get tough' on something, without having to go through the time-consuming process of submitting it for debate in parliament and getting it passed in both houses - as they would need to do to actually change the law. What happens if a circulaire is controversial? There have been a number of controversial circulaires in the past. In 2010, under former French President Nicolas Sarkozy, the French interior ministry sent out a circulaire to local authorities across the country instructing them to 'evacuate 300 illegal camps or settlements, with priority to those inhabited by Travellers or Roma'. Advertisement This led to international outcry, as well as immigrants' rights groups appealing to the Conseil d'Etat to annul the circulaire for targeting one specific community. For a long time - until 2002 - French law approached the two types of official, government circulaires differently. A circulaire interprative, sent out to explain to members of the bureaucracy how to implement a law or decree that has been passed, would not be seen as creating any new rules and thus could not be challenged in court. In contrast, if the material included in a circulaire did introduce new rules or requirements, then it could be challenged in court. This would be called a circulaire réglementaire. However, in more recent years, French courts have been shifting in their understanding of the power of circulaires and whether or not people can appeal against them. Nowadays, the courts have widened their qualifications for when courts can strike down circulaires . For example, circulaires interpratives can also be appealed against if they contain any 'mandatory' provisions and if they have 'significant effects on the rights or situations of French citizens', according to Vie Publique . Can I consult government circulaires ? French law requires that all government circulaires be published. A ministerial circulaire should be uploaded to the Légifrance website . In fact, if the circulaire is not published there it cannot be seen as applicable or enforceable, and if it is not published within four months of being signed, then it is considered automatically repealed. According to Vie Publique, more than 1,000 circulaires were published yearly between 2012 and 2018, but the number has been decreasing since 2019. In 2023, there were only 65 circulaires published.
