2023-05-22 20:53:38
Would the magistrates have too free speech? This is what the Minister of Justice, Eric Dupond-Moretti, is asking himself. In a letter dated May 2, that The world was able to consult, the Keeper of the Seals seeks the opinion of the Superior Council of the Judiciary (CSM) on two points, concerning the public expression of magistrates and the right to strike. When the Minister of Justice requests an opinion from the CSM, the latter decides in its plenary formation, chaired by the first president of the Court of Cassation – Christophe Soulard – and composed of six magistrates and eight non-magistrates.
The two-page letter focuses first on the use of social networks by certain magistrates who “upsets the traditional balance between the freedom of expression granted to each magistrate and the ethical obligation of reserve and discretion”. But the minister goes beyond and targets the expression of judges and prosecutors “on the occasion of solemn hearings, or through trade union expression”. For Mr. Dupond-Moretti, this can, “sometimes, for public opinion, to question compliance with the obligations of reserve and neutrality as well as ethical rules, and therefore damage the image of justice in general”.
It is therefore partisan public positions that the minister is targeting. However, regarding the duty of reserve, the CSM estimated, in 2022, that this “obligation cannot be used to reduce a magistrate to silence or conformity”. Since then, a certain freedom of expression is accepted, if the latter is devoid of excess and does not allow the disclosure of secret information. The Minister asks him to clearly define this limit.
A tricky double request
The other point on which the Keeper of the Seals wonders is the exercise of the right to strike. In 2021, nearly 1,000 magistrates had declared themselves to be on strike during the “Dead Justice” day, and, in November 2022, the main magistrate unions had also called for a strike. However, their statute (the ordinance of December 22, 1958) stipulates that“Any concerted action likely to stop or impede the functioning of the courts is prohibited”.
For many observers, including trade unionists, this ban prevents magistrates from striking. This is, in any case, the analysis of the minister, who adds: “Other ways of marking the dispute, such as the complete postponement of the hearing on the sole ground that this judicial decision is about mark one disagreement on a given subject, can only question on reading the aforementioned provision. » Here too, Eric Dupond-Moretti asks the CSM to set clear limits to the expression of protest.
You have 44.43% of this article left to read. The following is for subscribers only.
#Eric #DupondMoretti #asks #opinion #CSM #freedom #speech #magistrates