The anti-corruption body of the Council of Europe regretted Thursday that France did not move forward in the recommended reforms of the Superior Council of the Magistracy (CSM) in terms of disciplinary power with regard to judges and fashion appointment of prosecutors.
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El Greco regrets that the progress noted in his previous reports concerning the judiciary has not continued.
Several recommendations concerning the Superior Council of Magistracy (CSM) are still not or incompletely addressed, more than six years after the adoption of the first report on the subject in 2013
”, pointed out the Group of States against Corruption (Greco) of the Council of Europe, based in Strasbourg.
These recommendations call for concentrating the disciplinary power with regard to judges in the hands of the CSM and to align the method of appointment and the disciplinary procedure with regard to prosecutors with those of judges
", adds El Greco in this interim report. on the "
prevention of corruption of parliamentarians, judges and prosecutors
Promise of François Hollande then Emmanuel Macron, but constantly rejected, a constitutional revision concerning the statute of the prosecution provides that the prosecutors are appointed, like the judges, on "
" of the Superior Council of the Magistracy (CSM), a independent body.
This has already been the case in practice since 2012, but in theory, the executive can ignore the advice of the CSM, which fuels suspicions of political instrumentalisation of prosecutions.
This reform is also defended by the Minister of Justice Éric Dupond-Moretti, who, moreover, is the subject of a sling of judges from several courts after the opening of an administrative investigation against prosecutors from the national financial prosecutor's office ( PNF).
This investigation was ordered following a report from the General Inspectorate of Justice on the operation of the PNF, blamed for having scrutinized in 2014 the detailed telephone records ("
") of lawyers, including Eric Dupond -Moretti himself.
On the other hand, with regard to the prevention of corruption of parliamentarians, Greco's report underlines "
", among which "
the control of senators
" and "
the publication on the internet of gifts and invitations declared by
members of parliament.
El Greco calls on France to continue these advances, "
in particular concerning the control of the expenses of mandate of the deputies and the online publication of the declarations of assets of the deputies and senators
This progress allows France to get out of "
the non-compliance procedure
" before the anti-corruption body of the Council of Europe, but Paris will have to send it by September 2021 "
a report on the state of progress in the implementation of the six recommendations (out of eleven) still pending