A “principle of impartiality” of unionized magistrates voted in the Senate

2023-06-08 20:55:22

Against the advice of the government, the Senate, where the right is in the majority, included Thursday, June 8 in the draft reform of the status of magistrates a “principle of impartiality” for those who are union members, which the left considers an attack on the right to organize.

The senators completed the examination in first reading of the orientation and programming bill of the Ministry of Justice and of the organic bill reforming the statute of the magistrates. They will vote during solemn votes on Tuesday, June 13 on these two texts, which will then go to the National Assembly.

The first endorses a “unprecedented increase” of the justice budget, which will reach nearly 11 billion euros in 2027, and the hiring of 10,000 people, including 1,500 magistrates. The second opens access to the judiciary to new profiles, promotes mobility, modernizes career development and reforms social dialogue. It also strengthens the responsibility of magistrates, in particular by facilitating referral to the Superior Council of the Judiciary (CSM) by the litigant.

The centrist Philippe Bonnecarrère had an amendment adopted which specifies that the freedom of association of magistrates is exercised “in compliance with the principle of impartiality which is binding on members of the judiciary”. Mr. Bonnecarrère assured not to question “neither near nor far” union action, but the left reacted strongly.

Read also: Article reserved for our subscribers Status of magistrates: the Superior Council of the Judiciary makes mixed observations

Code of ethics

“We are opening gaping loopholes to somehow neutralize trade union activity. Today the magistrates, and tomorrow who? Trade union activity is a fundamental right, so let’s respect this fundamental right”launched Eliane Assassi, president of the communist, republican, citizen and environmentalist group (CRCE).

The senatorial majority seeks “to gag union expression”reacted to Twitter the Syndicate of the magistrature, classified on the left. The Keeper of the Seals, Eric Dupond-Moretti, recalled having consulted the CSM for an opinion on this subject « difficile » of the freedom of expression of magistrates and judged “premature to touch on the status of magistrates on this point” before having this opinion.

“The Impartiality of a Magistrate” cannot be blamed “for the sole reason” of his membership of a union, the CSM recalled in early May, after criticism from a deputy about a court decision in Mayotte. In this rare clarification, the CSM recalled that “Freedom of association is recognized for magistrates”.

The Senate also adopted, with a favorable opinion from the government, an amendment by the leader of Les Républicains senators, Bruno Retailleau, to create “a code of ethics for magistrates of the judicial order”instead of “Compendium of the ethical obligations of magistrates” which currently exists. Socialist Marie-Pierre de La Gontrie saw it “an additional charge against freedom of expression, freedom of association”.

“Union expression must be guaranteed in our country and I believe it is”reacted the minister.

Read also: Article reserved for our subscribers François Molins and Jean-Louis Nadal: “It is urgent to guarantee the statutory independence of prosecutors”

The World with AFP