> Appointment

> Disciplinary

> Guaranteeing the independence of the judicial authorithy

Article 65 of the Constitution defines the two duties entrusted to the CSM: appointing and disciplining members of the judiciary. In these two areas, there is a difference between the powers given the formation sitting to deal with sitting judges and those granted to the formation dealing with public prosecutors. These powers are part of the general scope of the CSM's mission.

APPOINTMENT

Appointment of sitting judges

When it comes to appointments of sitting judges, the CSM formation sitting to deal with these Judges has two separate types of power.

The CSM recommends nominations for the sitting judges at the Cour de Cassation, the first Presidents of the Courts of Appeals and the Presidents of the Tribunaux de Grande Instance. For the 400 positions available, the CSM thus has the power to take the initiative, list the candidates, study the candidate's applications, interview them and decide on the recommendations it will submit to the President of the Republic based on the report drawn up by one of its members presented during a CSM Session (held, before at the Presidential Elysee Palace and since September 2008 at the Alma Palace).

For all other appointments of sitting judges, this formation has the power to issue an opinion which is binding on the Minister of Justice. In this case, the Minister of Justice takes the initiative to nominate candidates and the CSM formation dealing with sitting judges studies the applications of the recommended judges, the applications of candidates who were not retained by the Minister of Justice's staff and especially studies any complaints submitted by judges about the recommended nominations. After this procedure is completed, a session is held at the Alma Palace where the CSM issues an opinion which is binding on the Minister of Justice.

Appointment of public prosecutors

When it comes to appointments of public prosecutors, the CSM formation sitting to deal with these members of the judiciary has the power to issue a simple consultative opinion about their appointment which is not binding on the Minister of Justice. Chief Public Prosecutors (Procureurs Generaux) at the Cour de Cassation, the Courts of Appeals are appointed directly by the Council of Ministers. The CSM presents its opinion in the same way it does for sitting judges, at a session held at the Alma Palace after having examined the applications and giving a report.

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DISCIPLINARY

When dealing with disciplinary matters, the two CSM formations sit at the Cour de Cassation.

The First President of the Cour de Cassation presides over the formation dealing with disciplinary measures against with sitting judges and the Chief Public Prosecutor of the Cour de Cassation presides over the formation dealing with public prosecutors. The Minister of Justice submits facts which justify disciplinary measures against a sitting judges to the CSM.

The First Presidents of the Courts of Appeals may also submit cases to the CSM.

The Minister of Justice submits facts which justify disciplinary measures against a public prosecutor to the Chief Public Prosecutor at the Cour de Cassation.

Chief Public Prosecutors at the Courts of Appeals may also submit cases to the Chief Public Prosecutor of the Cour de Cassation.

The CSM formation dealing with sitting judges issues a decision to take disciplinary measures against sitting judges after an investigation is conducted and a report is drawn up by one of its members. Grounds for the decision are given.

As for disciplinary measures against the public prosecutors, the Minister of Justice decides on the measures to be taken after the CSM formation dealing with public prosecutors has issued an opinion under the same conditions as above.

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GUARANTEEING THE INDEPENDENCE OF THE JUDICIAL AUTHORITY

These two essential duties of the CSM - appointing and disciplining members of judiciary - are not the only responsibilities given the CSM as defined under Article 64 of the Constitution. The CSM is also called on to assist the President of the Republic who is the "guarantor of the independence of judicial authority".

To carry out these duties, the CSM must be abreast of the situation of the judiciary, which explains why missions are conducted to gather information from the Cour de Cassation, the Courts of Appeals, the various Courts of first instance and the National Training College for the Judiciary (Ecole Nationale de la Magistrature). Both CSM formations may appoint one or several members to carry out these missions.

In connection with these duties, the CSM has provided opinions to the President of the Republic on several occasions.

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