The Constitutional Council will look into the issue of reporting information from the prosecution to the Minister of Justice, at the heart of recurring debates on the independence of the judiciary, a judicial source reported to AFP on Friday.
The Council of State transmitted to the “Sages“A priority question of constitutionality (QPC) raised by the League of Human Rights (LDH), judged”serious“, According to a decision made Wednesday. The LDH had seized the highest administrative court in order to repeal the circulars of January 31, 2014 and October 1, 2020 on information feedback. In this context, the association raised a QPC on the conformity with the Constitution of two articles of the code of criminal procedure. These articles provide in particular for the transmission of a “annual criminal policy report” and of “special reports“That prosecutors can establish”either on its own initiative or at the request of the Minister of Justice».
The LDH considers that they do not constitute “legal guarantees“Sufficient to frame the mechanism, which undermines”the independence of the judicial authority, the principle of separation of powers as well as the principle of equality before the courts“. The lawyer on the Council of the association, Me Patrice Spinosi, greeted a “decisive stage victory». «What the legislator did not dare to do in the bill on confidence in justice (carried by the Minister of Justice Eric Dupond-Moretti, editor’s note), the Constitutional Council will be able to impose on him. This legal survival of a bygone era no longer meets modern demands for the impartiality of justice“, Estimated Me Spinosi.
In January, the Court of Cassation refused to transmit a QPC on the same subject raised in the investigation opened in Nanterre, in particular for tax evasion and embezzlement of public funds, targeting the LREM deputy Thierry Solère. A 2013 law, passed at the time by the Minister of Justice Christiane Taubira, prohibited the Chancellery from giving “individual instructionsTo avoid political interference in specific issues. But the issue of information feedback regularly resurfaces over the course of resounding cases.
Voices have been rising for years to demand a strengthening of their supervision by law and, more broadly, a reform of the statute of the prosecution – under the authority of the Chancellery, unlike the magistrates of the seat. François Hollande then Emmanuel Macron had promised a change in the law concerning the appointment of prosecutors, but the reform was postponed indefinitely.