The National Assembly's commission of inquiry on the independence of the judiciary approved a report on Wednesday 2 September providing in particular for a constitutional review on the independence of the prosecution.
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This report that AFP was able to consult should be published in a few days.
It is now up to the executive to follow or not its recommendations.
The report of the commission of inquiry on "
the obstacles to the independence of the judiciary
", chaired by the rebellious deputy of France Ugo Bernalicis and whose rapporteur is the deputy LREM Didier Paris, has a total of around forty proposals.
Among its strengths are the proposal, a promise of François Hollande and then Emmanuel Macron but postponed indefinitely, to appoint prosecutors, like judges, on the "
assent
" of the Superior Council of the Judiciary (CSM), an independent body.
This is already the case in practice since 2012. But in theory, the executive can ignore the advice of the CSM, which daily feeds suspicions of political instrumentalisation of prosecutions.
"
Information feedback
"
In a column published in Le
Monde
dated Thursday, François Molins, Attorney General at the Court of Cassation, and Jean-Louis Nadal, Honorary Attorney General at the Court of Cassation, echoed that it was "
urgent to guarantee the 'statutory independence of public prosecutors
'.
Without proposing their abolition, requested by the Syndicat de la magistrature or FO-Magistrats, the report also wishes "
that requests for information from the Minister of Justice or his office be motivated
", in order to prevent any conflict of interest.
This system of "
information feedback
" has come under fire since the statements of the former head of the national financial prosecutor's office (PNF) Eliane Houlette, who regretted in June before the commission of inquiry to have undergone the "
control very close
”of his hierarchy in the conduct of the Fillon affair, assimilated to“
pressure
”.
