In its exhaustive and prudent recommendations, the ad hoc committee notably requests to increase the means of justice, to keep the unity of the bodies of the judiciary or not to delete the investigating judge
The conclusions of the States General of Justice organized between October 2021 and the end of April 2022 are supposed to constitute the roadmap of the Minister of Justice for the second five -year term of Emmanuel Macron. But neither Eric Dupond-Moretti, renewed place Vendôme, nor the Prime Minister, Elisabeth Borne, can speak of it since they will be officially given to the Head of State in July. Le Monde obtained a copy of the final report written by the Committee of States General.
Citizen consultation and the seven thematic working groups (civil justice, criminal justice, economic and social justice, protection justice, prison and reintegration, missions and statutes, piloting of organizations) set up for this exercise have been struck By the “3,000” magistrates’ tribune alerting, at the end of November, to this “justice which does not listen and which chronicle everything”.
The lack of means was thus invited on the top of the stack of files to be processed by the twelve wise committee, chaired by Jean-Marc Sauvé, honorary vice-president of the Council of State, responsible for guaranteeing the ‘Independence of the Estates General. He finds himself in the severe picture drawn up on the situation of justice and the proposals he makes. In addition to the two highest judicial magistrates in the country, Chantal Arens and François Molins, this committee included the presidents of the law commissions of the two assemblies, François-Noël Buffet (Les Républicains) and Yaël Braun-Pivet (La République en Marche), and The President of the National Bar Council, Jérôme Gavaudan.
The debates fed on the committee sometimes required a vote on sensitive issues such as the abolition of the investigating judge (rejected), the uniqueness of the body of the magistracy between siege and prosecution (preserved), two real rags Reds for magistrates, or the creation of an open environment agency (rejected). Caution in its writing, the report does not definitively close the door to these reforms, in case the executive wishes to make them.
The abolition of the investigating judge was rejected because “premature”. The split of the body of magistrates between those who judge (the seat) and those who direct the investigations and continue (the prosecution), deemed “inevitable in the medium term” by several members of the committee, is dismissed “in the current state”.
Far from a catalog of measures, which is found in the appendix in the reports of the seven working groups, the Sauvé Committee preferred to trace priorities. It all depends on what the government will remember.
You have 76.81% of this article to read. The continuation is reserved for subscribers.