France’s Commercial courts: a good example of the administration of justice by ordinary citizens


Journal of Business Law

2017, vol. 1, pp.1-22

Departments: Tax & Law, GREGHEC (CNRS)

Keywords: Accessto justice; Commercial law; Courts' powers and duties;France; Judges; Legal history

Commercial courts occupy a highly specific position in the French judiciary landscape, since their judges are elected.French commercial court judges are not members of the legal professions but business executives and tradespeoplechosen by their peers. This encourages a pragmatic view that takes into account the economic constraints faced by companies. InFrance, certain courts of first instance,such asthe commercial courts, delegate the function of judgment to ordinary citizens, whereas in most courts of first instance, and the appeal courts Cour d’appel and Cour de cassation, only full-time professional magistrates can rule on the cases brought before the court