Question
summarize in bullet point for ppt Legal system D) i) Organization of the judiciary system - France has a legal system stemming from Roman law
summarize in bullet point for ppt
Legal system D)
i) Organization of the judiciary system
- France has a legal system stemming from Roman law and based upon codified laws. The Civil Code was drafted in 1804 under Napoleon I.
Nevertheless judges have the duty to interpret the law and the decisions of the higher courts have a certain influence on the inferior courts even if they are not bound by any higher court's decision. The last time a death penalty was issued in France was in 1978. It was then officially prohibited in October 1981. The Parliament, both National Assembly and Senate, decided in February 2007, to amend the French Constitution in order to include an explicit ban of the death penalty.
The constitutional statement that "No-one shall be sentenced to death", makes France the 17th country worldwide to include prohibition of the death penalty in its Constitution.
The judiciary is independent from the executive and the legislative powers. There are several categories of courts divided into two major branches, a Judicial branch and an Administrative branch.
Administrative courts
Since the 1953 reforms, the administrative courts have been first instance judges of administrative litigations. There are 35 such courts and approximately 600 magistrates who judge 100 000 cases a year. These courts settle disputes between public authorities (the government, regions, departments or administrative bodies) or State-owned companies on the one hand and citizens on the other hand. Examples of the matters at issue are: a refusal to give a building permit, an objection to a land-use plan or proposed motorway, an expropriation, a claim for compensation for damages caused by public bodies, a refusal to give a residence permit, the deportation of a foreigner, objections to direct taxes and their recovery, disputes related to public construction contracts, etc. The administrative courts also deal with taxation, town council/local elec- tions and civil service litigation.
F) Business Customes and practices
The Fundamental Principles of Business Culture
Business organisations in France are characterised by a highly organised and hierarchical structure, so positions and power are clearly defined. Professionalism is highly valued in France, and while hard work is admired, workaholism tends to be frowned upon.
Because of the hierarchical structure of organisations in France, once a decision has been reached in the negotiation process, your French counterparts usually have to go through a similar internal negotiation process with their superiors. When an agreement is reached, it is usually formalised in a comprehensive, precise contract. The deliberation and decision-making processes are usually quite slow. Therefore, patience is appreciated, whereas pressure will be taken negatively. It usually takes several meetings to reach an agreement. Decisions are usually made outside meetings, by those at the top of the company.
French executives tend to focus on building long-term business relationships, and it is considered important to have a wide network of close personal business connections. In order to establish and maintain those relationships, mutual trust and respect are paramount, and are usually earned through proper behaviour and formality. However, the French tend to maintain a clear distinction between their business and personal lives, so business relationships should not be mistaken for friendships.
First Contact
Appointments are necessary prior to any meeting, and can be made either by telephone or email. It is preferable to make appointments at least two weeks in advance and to avoid the months of July and August, as that is the most common vacation period. Appointments usually take place from 9am to 6pm, and tend to be held at the company's office. It is common to hold (or pursue) meetings in a restaurant during lunch or breakfast. Many business people appreciate these meetings, as they allow informal business discussions.
Time Management
Even though punctuality is important in France, a five-minute delay is generally tolerated if it has been informed. There are some regional differences regarding punctuality, so the further South you go the more casual the approach to time usually is. Meetings should be scheduled about two weeks in advance. They tend to be held primarily to discuss issues, not to make decisions - which are usually made after several meetings. In France, meeting agendas tend to be structured and fairly inflexible. All attendees are expected to contribute to the discussion, so careful planning and preparation are important, ensuring that all objectives and strategies have been set out.
Greetings and Titles
The most common greeting is a handshake, which is expected to be brisk and light, with only one or two up and down movements. It is highly recommended to start a conversation with greetings in French, before moving on to English - even if it's just a simple 'bonjour'. Formality is highly regarded in France, so people often address their superiors and those they are meeting for the first time by 'Monsieur' or 'Madame'. In France, introductions are made using both first and last names, and sometimes people might introduce themselves by first saying their last name, then their given name. It is customary to only use first names to address others when invited to do so.
Gift Policy
In business, exchanging gifts is rare, except at Christmas and New Year's when it is customary to give chocolates, wine, etc. To express appreciation to a business contact, it is more common to host a special event or dinner than to give a gift. However, at social events - such as dinner parties - gifts should be expected, especially to thank the host. Additionally, it should never be done at the first meeting and business cards should not be given with the present.
Dress Code
Appearances may be very important when it comes to first impressions in France. Quality business attire and accessories will make you stand out in a positive way. It is advisable to dress discreet and stylish, rather conservative for the first meeting, then adapt according to the appointment. Both men and women usually wear classic, dark suits. Grooming is an important issue as well. Beards should be trimmed.
Business Cards
Business cards are exchanged either at the beginning or at the end of the first meeting, without any particular formality. Having a translation in French on the back of the card is considered a plus, as it's seen a sign of respect and courtesy. Another option would be to have two versions of your card printed, one in your native language and another one in French. In France, it is common for people to write their family name in capital letters so that it stands out.
Meetings Management
The initial minutes of a business meeting in France are commonly used to go over the pre-established agenda. Small talk during meetings isn't common, especially when the counterparts are meeting for the first time. Therefore, it's important to focus on the subject matter of the deal and not bring up personal matters such as family.
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