Suggestions to remedy “advanced state of disrepair” of justice in France. The Committee of Estates General of Justice, chaired by senior civil servant Jean-Marc Sauvé, submitted its report to the President of the Republic on Friday July 8, in the presence of the Prime Minister and the Keeper of the Seals. After this exchange, Emmanuel Macron asked Eric Dupond-Moretti to hire from July 18 “a consultation with all the actors of the judicial world”in order to “to take, from the start of the school year, concrete and rapid decisions”.
In the meantime, franceinfo summarizes the conclusions of the report which takes up 217 pages and in which more than 50,000 people, including 12,000 magistrates and agents, participated, according to the Ministry of Justice.
A “systemic reform” of justice
“Justice is no longer able to carry out its missions in satisfactory conditions”, hammers the report. He picks up a “feeling of despair” faced with the lack of human and material resources and deplores the institution’s inability to fulfill its mission due to “constant reforms” and litigation always “ever more complex”. “Judgment times, in particular, have continued to lengthen over the past twenty years.says the document.
“To address these challenges, the committee believes that systemic reform is needed.” The committee tries to draw conclusions from the major crisis between justice and citizens. In order to respond to “many reviews”, he proposes to abolish the Court of Justice of the Republic (CJR), “so that the ministers and their collaborators report to the same judges within the framework of single instances”.
“To contribute to the repositioning of justice”the Estates General Committee formulates a series of proposals on “institutional issues”, such as the appointment and sanctions of magistrates. He suggests giving this power to the Superior Council of the Judiciary (CSM).
An “urgent reinforcement of human resources”
The committee advocates a “increased resources” allocated to justice and pleads for the recruitment of‘”at least 1,500 additional magistrates over the next five years”. It also wants the recruitment of at least 2,000 contractual legal assistants, 2,500 to 3,000 court clerks and at least 2,000 agents to provide “administrative and technical support to the courts”. And to add: “These reinforcements must imperatively be accompanied by an overhauled and rigorous management of resources.”
“Human resources management has long remained unthought at the Ministry of Justice”writes the committee in black on white. “LHuman resources must be strengthened but that is not enough, they must be better distributed, we must have a career development strategy and we must diversify recruitment”explained Jean-Marc Sauvé, honorary vice-president of the Council of State, to the judicial court of Paris, Friday afternoon, during the press conference on the report of the committee. “IIt is necessary to tackle the structural evil of our management, our governance, which are not adapted”added, at his side, François Molins, Attorney General at the Court of Cassation.
An overhaul of the Code of Criminal Procedure
The Code of Criminal Procedure “is excessively complex, illegible and needs to be recast”considers the committee, whichis “pronounced on the main orientations which must guide” its rewrite. “But we we are not proposing a law to reform the Penal Code”insisted, at a press conference, the lawyer Henri Leclerc, another member of the committee. “The report provides food for thought for effective criminal justice”assured the honorary president of the League of Human Rights.
Among these avenues, suggestions on the “autonomous sanctioning power of the prosecution”, “the unification of investigative frameworks”, “the generalization of the status of assisted witness and the limitation of the indictment” and “compensation for the damage suffered by the victims”. On this last point, “the committee recommends transferring compensation for complex damages to the civil judge”.
A “clarification of the missions of the judge”
In the eyes of the members of the committee, this reform must tackle the “clarification of the missions of the judge”, “which have profoundly evolved over the last century”. Thereby “the committee calls for refocusing the role of the judge on his fundamental missions by questioning the matters in which his intervention does not bring real added value”.
The objective is to discharge the activity of a judge, particularly in the field of child protection, argues the report. To accompany this intention, the committee proposes a “return to collegiality”. “The setting up of a team of collaborators around the judge, by chamber or by service, must also be systematized in order to limit the solitary dimension of judicial activity and to contribute to a better quality of decisions”he explains.
The committee also wishes the “maintenance” of the function of investigating judge, whose role is sometimes criticized“in view of its contribution considered decisive in the most complex cases, which engage the authority and reputation of justice”.
A “public policy of civil justice”
The committee did not immerse itself only in criminal proceedings: civil justice is also entitled to its assessment and its avenues for reform. Chantal Arens, former first president of the Court of Cassation, also reminded the media of the importance of this justice, which settles conflicts between private persons and judges family disputes arising on the occasion of a marriage. , divorce, death or resulting from difficulties relating to the education of children.
“Define a real policy in civil matters”, “revalue the work of civil magistrates”increase coverage of legal fees, deploy “alternative methods of dispute resolution”… The committee came up with many ideas for “build a real public policy of civil justice”. While being aware that “the report will not solve everything with a magic wand”as Chantal Arens admitted on Friday.
A new prison policy
In its conclusions, the committee also emphasizes the “efforts” in “prison matter”who “must be committed to give meaning to the sentence in the service of effective reintegration”. He is therefore in favor of a reduction “short prison sentences”because, according to him, they “do not allow to act on the behavior of the person, nor to prepare his reintegration”. Instead, the committee proposes to strengthen reception capacities in an open environment.
The stated aim is, at the same time, to reduce prison overcrowding, “which is a major problem”, develops the committee in its report. He intends to put a brake on the creation of new places and wants to establish “a mechanism for regulating the prison population”with “an alert threshold” and “of criticality”. “L’increasing the number of places in prison will not solve anything, so other solutions must be found”summed up Henri Leclerc on Friday afternoon.