The independence of the prosecution, a vital reform, however nearly unattainable | EUROtoday

En the occasion of a victory for the far proper within the 2027 presidential election, is our rule of legislation doubtlessly in peril? Or, put otherwise, would an intolerant authorities have the means to place French justice on the service of the pursuits of its camp? The reply is sadly sure. For a easy purpose: because it stands, nothing prevents a Keeper of the Seals, whoever he could also be, from appointing whoever he sees match as a public prosecutor (the one who investigates, prosecutes and requires the applying of the legislation).

Unlike the process for appointing sitting magistrates (those that make choices), the legislation solely gives for an advisory opinion from the Superior Council of the Judiciary (CSM), the collegiate physique for disciplinary and moral management of the judiciary. Clearly, even when the CSM opposes the appointment of a public prosecutor proposed by the chancellery, the latter can completely ignore it. It is a secure wager that this may produce a reasonably loud media-political controversy, however the rule of legislation will discover nothing to say there. And for good purpose: the legislation could have been revered. In brief, as Florent Boudié (Renaissance), the president of the legislation fee of the National Assembly, says, “this is a real vulnerability of our rule of law”.

This is why, for greater than ten years, the very best magistrates of France have continued to name for modification of article 65 of the Constitution, to align the circumstances of appointment of prosecutors with these of the bench, within the identify of the separation of powers, the one assure of true impartiality and independence of justice.

During the formal back-to-school listening to of the Court of Cassation, on January 9, Attorney General Rémy Heitz as soon as once more stepped as much as the plate (he had already accomplished so the earlier yr). “An important reformhe pleaded, as a result of historical past teaches us that wherever the rule of legislation is attacked, the independence of justice is the primary goal. » However, it seems that the Senate has already voted, in 2013, on a textual content which precisely meets this ambition. A draft constitutional legislation, made up of two small articles, which was additionally voted compliant by the National Assembly in 2016. And since then? Nothing extra. Because modifying the Constitution requires both a convocation of Congress and a vote with a three-fifths majority of the 2 Assemblies, or a referendum.

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