ABSTRACT

The functions of the magistrat du siège within the ‘ordinary’ legal system and those of the juge or conseiller within the administrative system are similar to those normally encountered within the English legal system. What distinguishes the French system is the role of those persons who comprise the magistrature debout in both French court systems. They may be conveniently grouped under the heading of Ministère public but, although the Ministère public exists in all French courts, its role and functions differ according to whether it is a civil or criminal ‘ordinary’ court or an administrative court.