Cour de Justice de la République
The Cour de Justice de la République (CJR, "Court of Justice of the Republic") is a special
French ministers can still be tried in a regular French court, if the alleged offence is not related to their ministerial duties. Notably, Interior Minister Brice Hortefeux was fined in 2010 for making racial slurs. On 3 July 2017 President Emmanuel Macron announced his intention to abolish the court to have ministers tried by a regular Paris court, criticising the composition of the CJR.[3]
Composition
Ministers tried before the CJR are heard by a fifteen-judge panel made up of three justices of the Court of Cassation and twelve parliamentarians: six each from the National Assembly and Senate.[1]
The tribunal's composition has been criticised on grounds of partiality, since the twelve parliamentarians are likely to be colleagues, or at least acquaintances, of the ministers on trial. Even one of the court's former presidents, Henri-Claude Le Gall (2000–2011), has commented: "Very often the judges, whether senators or assemblymen, know the ministers they are passing judgement on very well, so they have a lot of trouble remaining detached and judging objectively."[4]
Proceedings
Complaints against ministers or former ministers are lodged with the CJR's Petitions Commission, made up of seven justices drawn from the
If the Petitions Commission considers the case worth pursuing, the case moves to another body called the Inquest Commission, consisting of three Supreme Court justices who then conduct an inquest into the circumstances of the alleged offence. After investigation, the case is either dismissed or the minister is called before the court.
However, in practice it is rare for a minister to go to trial. Of more than 1,000 complaints lodged since the CJR was created in 1993, only 38 were passed on to the Inquest Commission, and only six of those ever went to trial.[4] Three guilty verdicts have been handed down.
Cases
Two cases are currently under investigation by the CJR. The first concerns
- In 1999, the CJR tried former prime minister ‘infected blood’ scandal. Fabius and Dufoix were found not guilty; Hervé was convicted but not given any punishment.[2]
- In 2000, libel charges.[2]
- In July 2004, former minister for disabilities Michel Gillibert was given a three-year suspended prison sentence for fraud.[2]
- In April 2011, former minister of the interior Charles Pasqua was given a one-year suspended prison sentence for fraud over his part in the Sofremi affair.[2]
See also
Notes
- ^ a b National Assembly website
- ^ a b c d e f Agence France-Presse news article
- ^ (in French) Suppression de la CJR : les ministres bientôt jugés selon le droit commun, France 24, 9 May 2018
- ^ a b AFP-TV news report