Introduction

Introduction

 

The Conseil Superieur de la Magistrature (CSM) was established under the French Constitution and is quite original considering its membership, scope of powers and its position within our institutions. According to the Constitution, the CSM is to assist the President of the Republic in his mission as the "guarantor of the independence of the judicial authority" and the President of the Republic is to act as the President of the CSM.

The CSM's duties include nominating and appointing judges and public prosecutors and acting as a Disciplinary Council for the members of the private law court system which ensures that the judiciary cannot become an instrument of political power.

The diverse background of its members, which enables illustrious members of the community appointed by the highest authorities of the State and elected members of the judiciary to meet and work together as a body presided over by the President of the Republic (who is the President) or the Minister of Justice (who is the Vice President) prevents supporters of corporatism or lobbies from having too much of an influence.