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Questions to Dominique Perben, French Minister of Justice

Interview (20.10.2004)

Question: Mr Perben, events have been organised all over the world to celebrate the bicentenary of the 1804 Civil Code. You wanted the major European colloquy organised in partnership with the French Ministry of Justice to be held at the Council of Europe. Why?

Dominique Perben: The Council of Europe is now the home of law and democracy for 46 countries on our continent, so it is quite natural for the Council to host the discussion we want to share with all our European partners.

The Civil Code had a broad impact on Europe. It was first imposed on several countries – Germany, Italy, Belgium and the Netherlands – by Napoleon at the beginning of the 19th century. Its universalist scope, clarity and stylistic elegance made it a reference text for all European legal specialists throughout the 19th century. It fuelled the discussions of academics and parliaments and helped to stimulate the process of codification throughout Europe: to cite just two highly symbolic examples, Italy adopted a civil code after its unification and Germany did so at the very beginning of the 20th century.

Today I think it is important to look at the influence of our code and its principles across Europe. We can no longer confine our thinking to our own country. Law is made up of cross-influences and needs an outside viewpoint to gain a better understanding of its strengths and weaknesses and benefit from the experience acquired and concepts developed in other legal cultures.

I want to thank the Council of Europe’s Deputy Secretary General, Ms Maud de Boer-Buquicchio, and the Directorate of Legal Affairs, represented by Guy de Vel, for organising this colloquy in co-operation with the French Court of Cassation and Ministry of Justice.

I also want to thank the European Commission, which is supporting this event as part of the European Day of Civil Justice.

Question: How do you view the impact of the European Convention on Human Rights on the civil code?

Dominique Perben: The French Civil Code now rules out all forms of discrimination on grounds of birth. In 2001 the Convention’s influence prompted the amendment of the code’s articles on the law of inheritance. French law no longer distinguishes between a legitimate child, an illegitimate child and an adulterine child. In fact the stimulus given by the European Court of Human Rights has helped us reform our law of inheritance.

Other changes have been made to our civil law to take account of the higher standards of protection in the Court’s case-law. Examples include the legislation on surnames and the law on access to one’s origins.

Over and above the few amendments to our Civil Code, the case-law of the European Court of Human Rights profoundly affects our judicial system and civil law. This is because French judges have gradually appropriated the Court’s methods of interpretation and are now more familiar with its case-law. The member states’ supreme courts have played a decisive part in this process, reflecting a more international view of law. We now consider it natural for the Strasbourg Court to hold such a prominent position among the sources of law.

Question: What is the position of the French Civil Code in 2004 in terms of the Council of Europe’s 46 member states?

Dominique Perben: You know that Napoleon remarked on St Helena, “Why shouldn’t my civil code have served as the basis for a European code?”. I think this provocative question is more topical than ever at a time when European legal specialists are heatedly discussing ways of harmonising European law.

The French Civil Code is two centuries old and cannot be copied as such either by a country or across a continent. But the principle of codification, which our code symbolised during that period, remains as important and contemporary as ever. It is in fact one of the tools offered by the Council of Europe when countries request its legal expertise.