By ending the presidency of the High Council of the Judiciary by the President of the Republic and its vice-presidency by the Minister of Justice, Article 65 of the Constitution, as amended by the law of 25 July 2008, distinguished between three panels.
The panel with jurisdiction over judges is chaired by the first president of the Cassation court, not only for their discipline, which was the case until the reform came into force, but also for their appointment.
Symmetrically, the panel responsible for prosecutors is chaired by the General Prosecutor of the Cassation court, who is responsible in this new configuration both for the discipline of prosecutors and for their appointment.
The seventh paragraph of Article 65 establishes a plenary session, chaired by the first president of the Cassation court, which is competent to deal with requests made either by the President of the Republic, in his role as guarantor of the independence of the judicial authority, or by the Minister of Justice, keeper of the seals, on the issues listed in Article 65 of the Constitution.
The reform of the Council also increases the number of persons from outside the judiciary, common to the two panels responsible for judges and prosecutors respectively, as follows: a Councillor of State (“Conseiller d’Etat”), elected by the General Assembly of the Council of State (“Conseil d’Etat”), a lawyer, appointed by the President of the National Bar Council, after receiving the assent of the General Assembly of the said Council, and six qualified, prominent citizens, appointed by the President of the Republic, the President of the National Assembly and the President of the Senate. Magistrates are thus in a minority within the Council in the panels responsible for appointments, but in an equal position in the disciplinary panels.
Finally, the law of 22 July 2010 provides for the budgetary autonomy of the High Council for the Judiciary. This development has given it greater independence.