It is a great judge that the Superior Council of the Judiciary (CSM) chose, Wednesday, May 4, to propose to be the next highest judicial magistrate in the country. Christophe Soulard, 64, should succeed on 1is July, to Chantal Arens in the prestigious position of first president of the Court of Cassation. Officially, this choice can only be submitted to the President of the Republic, who is bound to respect it, after a second deliberation, on May 12, in order to examine any disputes by the rejected candidates.
They are three to have been auditioned Wednesday by the formation of the CSM devoted to the magistrates of the seat (those who judge) before it deliberates. In addition to the president of the criminal chamber of the Quai de l’Horloge institution, the president of the Rennes Court of Appeal, Xavier Ronsin, 65, and the dean of the first civil chamber of the Court of Cassation, Domitille Duval-Arnould, 60, had applied. If there was little doubt that the choice would be one of the first two, no prognosis had emerged as the profiles of MM. Soulard and Ronsin are hardly comparable, both having undeniable experience and assets.
To the manager Xavier Ronsin – he directed the National School of the Judiciary –, undoubtedly more at ease in the balance of political forces, the CSM preferred the great jurisconsult Christophe Soulard whose rigor and ability to animate deliberations on sensitive issues have made the reputation. He will have to face the multiple crises that shake the judicial institution. Crisis of trust with citizens, of positioning with regard to the legislative and executive powers, and of self-confidence due to a loss of meaning felt by magistrates drowned in files.
The fact that it was Christophe Soulard who was selected reflects the importance given to the primary function of the Court of Cassation: to ensure the unity of case law and the application of the law throughout the Republic. A concern that Mr. Soulard mentions in his “note of intent” sent in support of his candidacy. In a totally unprecedented approach to transparency, the CSM has indeed decided to make public the professions of faith of the three candidates for the presidency of the supreme court of the judiciary.
“Dual Imperative”
“The questioning of the hierarchy of opinions, which society as a whole experiences, is also manifested within the judicial institution, where the interpretation of the Court of Cassation tends to appear as one interpretation among others”, writes Christophe Soulard. He points out that the Court “is thus subject to a double imperative: that of ensuring uniformity of interpretation and that of taking into account the case law of the courts and courts of appeal”. According to him, this brings “the Court to better assess the consequences of its decisions, to better explain itself, to listen and, if necessary, to adjust its case law”.
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