Cour de Justice de la République
Encyclopedia
The French Cour de Justice de la République ("Law court of the Republic"), or CJR, is a special French court established to try cases of ministerial misconduct. Its remit only extends to government ministers (or former ministers) concerning offences committed in the exercise of their functions. It was created by French president François Mitterrand
on 27 July 1993 following the "infected blood" scandal
, which saw three French ministers (including the then-Prime Minister) charged with manslaughter
. Before that, ministers in France benefitted from a degree of judicial immunity.
French ministers can still be tried in a "normal" French court, if the alleged offence is not related to their ministerial duties (for example, Brice Hortefeux
, who was fined in 2010 for making racial slurs).
and twelve parliamentarians (six each from the National Assembly
and the Senate)
The make-up of the panel has been criticised on grounds of partiality, since the twelve parliamentarians are likely to be colleagues, or at least acquaintances, of the ministers under examination. Even the court's own current president, Henri-Claude Le Gall, has commented: "Very often the judges, whether senators or deputies, know the ministers they're passing judgement on very well, so they have a lot of trouble remaining detached and judging objectively."
, the Council of State and the Court of Audit. Anyone can lodge a complaint.
If the Requests Commission considers the case worth pursuing, another body is invoked called the Instruction Commission, consisting of three Supreme Court judges, which then conducts an inquiry into the circumstances of the alleged offence. After investigation, the case is either dismissed, or the minister in question is called before the court.
However, in practice it is rare for a minister to be called before the court. Of more than 1,000 complaints lodged since the CJR was created in 1993, only 38 have been passed on to the Instruction Commission, and only six of those resulted in a minister's being judged by the court.Three guilty verdicts have been handed down.
, over concerns about her part in a long-running scandal connected to the French tycoon Bernard Tapie
. Other significant cases are:
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
on 27 July 1993 following the "infected blood" scandal
Infected blood scandal (France)
France's Infected blood scandal began in April 1991 when doctor and journalist Anne-Marie Casteret published an article in the weekly magazine the L'Événement du jeudi proving that the Centre National de Transfusion Sanguine knowingly distributed blood products contaminated with HIV to...
, which saw three French ministers (including the then-Prime Minister) charged with manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. Before that, ministers in France benefitted from a degree of judicial immunity.
French ministers can still be tried in a "normal" French court, if the alleged offence is not related to their ministerial duties (for example, Brice Hortefeux
Brice Hortefeux
Brice Hortefeux is a French politician he was Minister of the Interior, Overseas Territories and Territorial collectivities...
, who was fined in 2010 for making racial slurs).
Composition
Ministers who come before the CJR are judged by a panel of 15 judges, made up of three magistrates from France's Supreme CourtCourt of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
and twelve parliamentarians (six each from the National Assembly
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....
and the Senate)
The make-up of the panel has been criticised on grounds of partiality, since the twelve parliamentarians are likely to be colleagues, or at least acquaintances, of the ministers under examination. Even the court's own current president, Henri-Claude Le Gall, has commented: "Very often the judges, whether senators or deputies, know the ministers they're passing judgement on very well, so they have a lot of trouble remaining detached and judging objectively."
Proceedings
Complaints against ministers or former ministers are lodged with the CJR's Requests Commission, which is made up of seven magistrates drawn from the Supreme CourtCourt of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
, the Council of State and the Court of Audit. Anyone can lodge a complaint.
If the Requests Commission considers the case worth pursuing, another body is invoked called the Instruction Commission, consisting of three Supreme Court judges, which then conducts an inquiry into the circumstances of the alleged offence. After investigation, the case is either dismissed, or the minister in question is called before the court.
However, in practice it is rare for a minister to be called before the court. Of more than 1,000 complaints lodged since the CJR was created in 1993, only 38 have been passed on to the Instruction Commission, and only six of those resulted in a minister's being judged by the court.Three guilty verdicts have been handed down.
Cases
Two cases are currently under investigation by the CJR. The first concerns Éric Wœrth, who is being investigated for "unlawful conflict of interests" over the sale of a racecourse while he was Minister for Budget. Then on 4 August 2011, the Requests Commission said they would also greenlight an inquiry into former Finance Minister Christine LagardeChristine Lagarde
Christine Madeleine Odette Lagarde is a French lawyer and the managing director of the International Monetary Fund since July 5, 2011...
, over concerns about her part in a long-running scandal connected to the French tycoon Bernard Tapie
Bernard Tapie
Bernard Tapie is a French businessman, politician and occasional actor, singer, and TV host. He was Ministre de la Ville in the government of Pierre Bérégovoy, a businessman specializing in recovery for bankrupted companies, among which Adidas is the most famous ; and owner of sports teams...
. Other significant cases are:
- In 1999, the CJR tried former prime minister Laurent FabiusLaurent FabiusLaurent Fabius is a French Socialist politician. He served as Prime Minister from 17 July 1984 to 20 March 1986. He was 37 years old when he was appointed and is, so far, the youngest Prime Minister of the Fifth Republic.-Early life:...
, former Social Affairs minister Georgina Dufoix, and former Health Secretary Edmond HervéEdmond HervéEdmond Hervé is a French politician, a member of the Socialist Party and French senator since 2008. He was the mayor of Rennes from 1977 to 2008, succeeding Henri Fréville...
for their role in the ‘infected blood’ scandalInfected blood scandal (France)France's Infected blood scandal began in April 1991 when doctor and journalist Anne-Marie Casteret published an article in the weekly magazine the L'Événement du jeudi proving that the Centre National de Transfusion Sanguine knowingly distributed blood products contaminated with HIV to...
. Fabius and Dufoix were found not guilty; Hervé was convicted but not given any punishment. - In 2000, Ségolène RoyalSégolène RoyalMarie-Ségolène Royal , known as Ségolène Royal, is a French politician. She is the president of the Poitou-Charentes Regional Council, a former member of the National Assembly, a former government minister, and a prominent member of the French Socialist Party...
was acquitted of libel charges. - In July 2004, former Minister for Disabilities Michel Gillibert was given a three-year suspended prison sentence for fraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. - In April 2011, former Interior Minster Charles PasquaCharles PasquaCharles Pasqua is a French businessman and Gaullist politician. He was Interior Minister from 1986 to 1988, under Jacques Chirac's cohabitation government, and also from 1993 to 1995, under the government of Edouard Balladur...
was given a one-year suspended prison sentence for fraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
over his part in the Sofremi affair.