COMPARATIVE LAW IN FRANCE IN 2023

Comparative law has been enjoying a renaissance in France since the early 2000s. This revival can be explained by the globalisation, internationalisation and Europeanisation of law, which have transformed the legal landscape and created a new attraction for comparative studies. Facilitated by new technologies, progress is both scientific and practical. From a scientific point of view, the situation is flourishing. Comparative scholarly activity has developed spectacularly, particularly in comparative public law, an area hitherto ignored by the discipline: the number of works, manuals, monographs and symposia on comparative law in French is now considerable. This vitality of research has created a virtuous circle in favour of the teaching of comparative law in French universities. From a practical point of view, the comparative reflex is now firmly established among legislators and judges. No law is drafted without prior study of comparative law. Many rulings are made after consulting the positions of foreign courts. However, the practical situation remains relative: although comparative law is a material source of inspiration, it is not positive law. Consequently, its influence is diffuse and difficult to quantify, as long as national judges or legislators refrain from citing it expressly.