France and the EU
Image via google search
The relationship between France and the EU is a long and complicated one. On one hand, France has always supported the idea of a united and cohesive Europe. On the other, France has also had a long history as an independent nation with major political power in Europe for a large part of history.
At the end of the Cold War, France was looking to protect its interests and therefore saw the idea of European integration to be beneficial. Thus, France became a member of the Common and Foreign Security Policy (CFSP), the European Security and Defense Policy (ESDP) and the Common Agricultural Policy (CAP) in order to ensure its security and maintain European unification. France also feared the great power that was Germany and therefore saw this merger as a way to protect its own interests.
Though France wanted a united Europe, it still wanted to maintain independence. The unification would be beneficial to suit the nation’s interests, but it wanted its own independence so that it was able to maintain its “decision making powers in its own country.”
France, through struggling between unification and sovereignty, has still played an essential part in the EU. In 2002-2003 the former French president Valery Giscard D’Estaing chaired the European Convention. This Convention was to create a constitution for the EU and France had three goals in mind throughout the process. First, France wanted to avoid “a federalist Europe or parliamentary supremacy in the European Union,”, secondly they “rejected separation of competencies between Europe and the member states as an excuse to re-nationalize common policies,” and finally “[they] even supported greater efficiency in decision-making”. France believed it was difficult to make decisions with many countries that were trying to have their voices heard and their needs met.
France and the ECJ
The European Court of Justice, the highest court of the EU, can be described as Europe’s Supreme Court. The ECJ “resolves challenges to federal regulation,” and “allocates power within the European Union.”
Image via google search
France has been no stranger to this court, such as when Louis Vuitton sued Google for infringing on its trademarks. Originally, this case was heard by the Cour de Cassation. However, when a decision was unable to be met, the Cour de Cassation had to consult with the ECJ for clarification on certain points brought up during the case, more specifically, on the interpretation of the 1989 trademark directive. When the final decision was made, it was made by the Cour de Cassation, and Google was not held accountable.
Being part of the European Union, France must respect the European Law. Some cases, if complex, can be heard by both the French national law and the European law, in order to ensure that a just decision is made.
France and the ECHR
The European Courts of Human Rights was established on January 21, 1959 as a result of the European Convention on Human Rights. It is a civil court, where individuals can sue an entire European Nation when they feel their civil rights are being violated. By going to the ECHR, citizens can ask for compensation if their rights are violated, as well as ask for certain laws to be ratified if they are infringing on their rights.
One of the most controversial issues France has taken to the ECHR has been over the case of the burqa. In 2010 a law in France was introduced that made it illegal for anyone to have their face covered in public. This law considered wearing the veil that covered the entire face to be inconsistent with the values of the French Republic. In one specific case a Sunni Muslim woman who was born in 
Pakistan, but was a French citizen, turned against this law and took her case all the way to the ECHR. In the end, the ECHR ruled that the burqa did not violate European Rights, and that the national courts were better suited to place judgments on such matters
Image via google search
Furthermore, another important issue in France was taken to the European Courts of Human Rights more recently. Following the recent terrorist attacks in Paris in November 2015, France decreed a state or emergency for 3 months. Due to this, the French government declared that in order to ensure peace, the French government would essentially have to violate its citizens’ basic rights. Some of these measures included allowing the government and the police to summon citizens if they were suspected of being involved in terrorism as well as allowing the government to send individuals to prison if they were deemed a terrorist, and if deemed a terrorist, the French government was allowed to confiscate people’s passports and ID cards.
It is important to mention that people believed that the state was abusing its powers, in order to further its agenda (for example, preventing protests from forming in the streets). France’s prolonged state of emergency has therefore been questioned by the ECHR.
France, the ECHR and Muslim Minorities
There has been ongoing debate on whether the ECHR is a way to mediate tensions between Muslims and the French population.
The
ECHR allows the Muslim minority to speak out against reforms imposed by the French government if they believe their civil rights are being undermined or infringed.In recent history, there has been a fundamental clash between French secularism and French Muslim life. Secularism is an important characteristic of French politics, as religion and politics are often seen as separate entities.
Image via google search
Due to the recent terrorist attacks in France, tensions and stereotypes against the Muslim minority are inevitable, as authorities tend to keep a closer eye on Muslims. Though the French government has passed laws in order to mediate this conflict and ensure the nation’s security, these laws have diminished the civil and religious rights of the Muslim minority (as seen with the burqa ban). It is in these cases, where the ECHR acts as another witness in order to make sure that these new laws do not oppress the citizens’ rights.
Law and Courts in Europe 