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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	100
34	Can members of the judiciary be held accountable for their actions?	71
35	Are there regulations governing conflicts of interest for the national-level judiciary?	50
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Conseil Supérieur de la Magistrature, 1958 Constitution, article 65, [ LINK ]

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments:

References: Justice Ministry, Recrutement de magistrats, [ LINK ];

Cour d'Appel de Grenoble, Recrutement des magistrats et fonctoinnaires de justice, March 2007, [ LINK ];

Cour des Comptes, Les conditions et modalités de recrutement des magistrats de la Cour des comptes, [ LINK ]

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Conseil Supérieur de la Magistrature, 1958 Constitution, article 65, [ LINK ]

Peer Review Comments: Following possible evolution plan for our institutions with Balladur Report October 2007 : " For Fifth Republic more democratic," 77 proposals : Points 69 to 72 about "Conseil Supérieur de la Magistrature.

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: Article 455 of the New Civil Procedure Code; Code of Criminal Procedure, [ LINK ]

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: Depending on the kind of judgment or decision rendered, national judges might not be legally required to give their decisions. When they are required to, the motivations given are usually substantial but might at times be more cursory.

References: Ministry of Foreign Affairs, La France à la loupe, La justice en France, June 2007, [ LINK ];

Les principes fondamentaux du règlement des litiges, April 30, 2006, [ LINK ]; François Luchaire, Les droits et libertés fondamentaux, [ LINK ]

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: Conseil Supérieur de la Magistrature: 1958 Constitution, article 65, [ LINK ];

Inspection Générale des Services Judiciaires, Ordinance 58-1270 of Dec. 22, 1958, [ LINK ]" target="_blank">[ LINK ];

Ministry of Justice, Ordinance 58-1270 of Dec. 22, 1958, http://www.legifrance.gouv.fr/

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: The Inspection Générale des Services Judiciares is under the authority of the Ministry of Justice. The Conseil Supérieur de la Magistrature is chaired by the président of the Republic.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: Ministry of Justice, L'inspection générale des services judiciaires, Feb. 9, 2007, [ LINK ];

Conseil Supérieur de la Magistrature: Rapports annuels 2003-2004 and 2004-2005, [ LINK ];

Compétences, [ LINK ]

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: Conseil Supérieur de la Magistrature, Rapport 2005, [ LINK ];

Cour de Cassation, Bulletin d'information 627, Annexe : Analyse détaillée des manquements des magistrats sanctionnés par l'instance disciplinaire, October 2005, [ LINK ]

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: There is no such law.

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: Penal Code, art.432-11, [ LINK ]

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: There is no such law.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: An ethics commission exists to assess the compatibility between the activity carried out by the magistrate over the last three years and the private activity s/he wishes to enter.

References: Article 72 of the Ordinance 58-1270 of Dec. 22, 1958, [ LINK ];

Article 87 of the Law 93-122 of Jan. 29, 1993, [ LINK ];

Decree 2007-611 of April 26, 2007, [ LINK ]

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: Conseil Supérieur de la Magistrature, Rapport annuel 2000, La mise en disponibilité, [ LINK ]

Senate, Projet de loi organique relatif au recrutement, à la formation et à la responsabilité des magistrats, Chapitre 2 - Dispositions relatives à la discipline, Jan. 24, 2007, [ LINK ]

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: Senate, Projet de loi organique relatif au recrutement, à la formation et à la responsabilité des magistrats, Chapitre 2 - Dispositions relatives à la discipline, Jan. 24, 2007, [ LINK ];

Commission de réflexion sur l'éthique dans la magistrature, Rapport, November 2003, [ LINK ]

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: This is not required by law.

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: There is no such law.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: There is no such practice.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: There is no such practice.