The Court of Justice of the Republic, an exceptional jurisdiction, was created in 1993 following the tainted blood affair. His role ? Judge members or former members of the government for “crimes and misdemeanors committed in the exercise of their functions” (article 68-1 of the Constitution). Before, ministers were subject, like the President of the Republic, to the High Court of Justice – which only parliamentarians could seize, which posed a problem of independence.
The CJR has 15 members: three professional magistrates and 12 “parliamentary judges”. Six are elected by the Senate and six by the Assembly, each time the chambers are renewed. The 12 parliamentarians are representative of the political composition of Parliament. Bruno Bilde (RN) or Danièle Obono (LFI) were, for example, elected in July.
In the event of offenses committed, unrelated to their political action, the members of the government come under the criminal courts of ordinary law, such as the police court. Any citizen can seize the CJR if he considers himself victim of the actions of a minister. If the commission that screens the requests considers the complaint admissible, it will be investigated.
CJR criticized for its slowness and leniency
This Court is often criticized. Accused in particular of mixing the legislative and judicial powers. As early as 2012, the socialist candidate François Hollande wanted to remove it, speaking as an “obstruction of justice”. He questioned his impartiality: “Ministers are citizens like the others, they will therefore be subject to the courts of common law. » Project aborted.
Before the Parliament meeting in Congress, Emmanuel Macron announced in July 2017 that he wanted to get rid of it. “Our fellow citizens no longer understand why only ministers could benefit from exceptional jurisdiction. “Finally, she is criticized for her slowness – six years to relax Laurent Fabius in the tainted blood case – and her leniency – in 2016, she recognizes Christine Lagarde guilty of “negligence” but exempts her from punishment. Poor record in twenty-seven years: of the seven ministers tried, three were acquitted and two declared guilty, but exempted from punishment.