Examining judge or judge of the statement

Examining judge or judge of the statement. This is not a mere change of name. It is a part of the French judicial system that may be affected if the head of State well today announced the removal of the investigating judge, as several sources indicate. The whole of the judicial investigations would be now given to the Prosecutor's Office, under the authority of a magistrate to head called "judge of the trial" (see below).

Evidence that the subject is of importance, Nicolas Sarkozy expressed this afternoon in a highly symbolic framework: the re-entry of the Court of cassation hearing. It is unusual that the head of State speak the high Assembly of the judiciary. And particularly exceptional to make a speech of such scope policy. Evidence of the particular attention of Nicolas Sarkozy to the magistrates for some or presence deemed "inappropriate" for others, including members of the Union of the judiciary (located on the left), who have called for a boycott of the event.

However, it cannot be faulted the President for having taken the magistrates court on this subject. Born of the brutal convening of journalist Vittorio de Filippis controversy had already given the opportunity to the head of State to ask "what confusion of investigative and adjudicative powers reconsideration." Nicolas Sarkozy also spoke several times on the necessary rebalancing of the rights of the defence to trial judges viewed as too powerful, including by public opinion, which the disenchantment with the judges was that grow from the Outreau case.

The announcement of the President is first criticized on the form, as a commission, chaired by the magistrate Philippe Léger and establishment on 14 October by the Chancellery, must make its conclusions on the reform of the criminal proceedings within a prérapport scheduled for mid-February.

"Political contingencies".

The reaction of professionals of justice on the merits did not do wait. For the Union Union of magistrates (USM), majority, chaired by Christophe Régnard, "wants political power to settle its account to an independent judge who took since the 1980s politicians and company bosses". A fear shared by anti-terrorist Judge Gilbert Thiel, who "this reform will give justice, for sensitive business such as political, financial records or public health, which will be linked to political contingencies".

The lawyers, they were more moderate, or even favourable to reform that would give them greater influence, "to condition, as the recalled Paul - Albert Iweins, President of the national Council of the bars, that the investigating judge be replaced by an independent magistrate, the Prosecutor's Office is clearly independent of political power." Which is not the case in France, the prosecutors being subjected to the hierarchical authority of the Chancery.

It is finally on the opposition that critics have been the most virulent. Jean-Marc Ayrault, President of the PS at the Assembly group, did not hesitate to speak of "totalitarian temptation" to "slip the Sarkozy State". As André Vallini, PS national Secretary for Justice, he felt yesterday that "the removal of the investigating judge has been considered on several occasions without ever be retained". Nicolas Sarkozy would be but decided this time to go to the end.