Missing not also to fuel the controversy on the left

Back to square one, or almost: scandal or Outreau, parliamentary Committee of inquiry or not, the Government renounces to present, before the presidential election of 2007, the great reform of the justice promised by Jacques Chirac. Tomorrow, by the Council of Ministers, Pascal Clément will present his project amputated the most emblematic measures... and the more controversial. The Minister of Justice announced Friday at the Congress of the USM (Trade Union of magistrates), that he withdrew to alter the composition of the Superior Council of Magistracy (CSM) and create a new disciplinary of judges for "wilful breach of the principles of the civil or criminal proceeding." On these two points that feed the opposition of magistrates and the Pikes of Nicolas Sarkozy, he will need "further consideration", said the keeper of the seals.

"For the peace of the spirits".

"It is because there is not consensus and for the peace of the spirits that I withdraw" the reform of MSC, it attempted to explain, justify its decision by the opposition of magistrates. On the disciplinary judges, the State Council conveniently pointed out that, in its current drafting, there was "a risk of confusion between the office of the judges of appeal and cassation and disciplinary judge". Clearly, it must not confuse dissatisfaction of the litigant to the decision of justice for this there is the appeal and cassation and the magistrate disciplinary. In justice reform, it remains so that the Criminal Procedure Act and part of the organic law on the responsibility of judges. The latter retains the prohibition to exercise functions of single for negligence of a magistrate judge, that the Prime Minister confirmed yesterday in the city of success. Nevertheless, according to our information, the fault for "wilful breach of the principles of the procedure" could return reviewed and corrected by way of amendment the Government would add to the article concerned to conform to the wishes of the Council of State that this fault can be invoked only once the judgment became final. The Criminal Procedure Act introduced, however, mandatory audiovisual recording of the guards to view in criminal cases and in the hearings in the investigating judge. The program still also: limitation of the use of pre-trial detention, the creation of "centres of education" grouping records and magistrates to hear and the possibility for citizens to seize the mediator of the Republic if they are victims of judicial dysfunction.

A half-satisfied

The magistrates, who went to Matignon to express their concerns about the project, have not shunned their pleasure, even if they are "half-satisfied." They fear in effect that the retreat of Pascal Clément leaves the way open to Nicolas Sarkozy. The Minister of the Interior and likely the UMP presidential candidate has already demonstrated on many occasions that he did not fear widely encroaching on the judiciary. After its repeated attacks stigmatizing "laxity of judges", or multiple statements claiming the criminalization of attacks against the police or the floors for repeat offenders punishment, Nicolas Sarkozy became the bête noire of the judges. In any event, "don't count on me to criticize a colleague from the Government to which I belong", warned Pascal Clément. Then if the judges had the ear of the Prime Minister, who did not wish to open the Parliament a controversial front on the reform of justice, they may soon realize. Saturday to the city of success at the Sorbonne, Nicolas Sarkozy welcomed the presidential candidates are saying: this is what I do if I am elected." "And that it does so once elected", citing inter alia the reform of the justice. Missing not also to fuel the controversy on the left. "The idea was bad and it is inapplicable." "Either the Government lack of courage and once more missing at his word and highlights contradiction his actions and his actions," said yesterday Ségolène Royal.