Contrary to government advice, on Thursday 8 June the Senate, in which the right is in the majority, included in the draft reform of the status of judges a “principle of impartiality” for union members, which the left as a violation of the right to organize.
Senators completed first-reading consideration of the Department of Justice’s Guidance and Program Bill and the Organic Judge Statute Reform Bill. They will vote on these two texts in solemn votes on Tuesday, June 13, which will then be sent to the National Assembly.
The first advocates an “unprecedented increase” in the judiciary budget, which will reach almost €11 billion in 2027, and the recruitment of 10,000 people, including 1,500 judges. The second step opens access to justice for new profiles, promotes mobility, modernizes career development and reforms social dialogue. In addition, the responsibility of judges is strengthened, notably by facilitating referrals to the Supreme Council of Justice (CSM) by the plaintiff.
Centrist Philippe Bonnecarrère had an amendment adopted specifying that judges’ freedom of association should be exercised “in accordance with the principle of impartiality, which is binding on members of the judiciary”. Mr Bonnecarrère pledged to question union action “neither near nor far”, but the left reacted vigorously.
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Code of Ethics
“We are opening gaping loopholes to somehow neutralize union activity. Today the judges and tomorrow who? Union work is a fundamental right, so we respect that fundamental right,” said Eliane Assassi, President of the Group of Communists, Republicans, Citizens and Ecologists (CRCE).
The majority of the Senate is trying to “suppress union expression,” continued to react Twitter the syndicate of the magistracy, classified on the left. The custodian of the seals, Eric Dupond-Moretti, recalled that he had asked the CSM for an opinion on this “difficult” issue of judges’ freedom of expression and had previously considered it “premature to raise the status of judges on this point “. had this opinion.
“The impartiality of a judge” cannot be called into question “solely” because of his membership in a trade union, the CSM reminded at the beginning of May after a member of parliament criticized a court decision in Mayotte. In this rare clarification, the CSM had recalled that “freedom of association for judges is recognised”.
The Senate also adopted, with the government’s positive opinion, an amendment by Les Républicains leader Bruno Retailleau to create “an ethics charter for judges of the judiciary” in place of the “collection of ethical obligations of the currently existing judges”. The socialist Marie-Pierre de La Gontrie saw this as “an additional charge against freedom of expression and association”.
“Trade union expression must be guaranteed in our country and I believe it is,” the minister responded.
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