History

Although the Conseil Superieur de la Magistrature was mentioned for the first time in France in the Law enacted August 31, 1883 on judicial organization with a provision for all the Chambers of the Cour de Cassation to sit in order to render decisions on disciplinary matters against Magistrates, it was only in 1946 under the Constitution of the 4th Republic that the Conseil Superieur de la Magistrature was actually created as an independent constitutional body.

Title IX of the October 27, 1946 Constitution established a Council presided over by the President of the Republic, with the Minister of Justice as Vice President. There were six members elected by the National Assembly, four Magistrates elected by their peers and two members appointed from the judiciary by the President of the Republic. The Conseil was granted wide-ranging powers. The Council recommended nominations for Magistrats du Siege to the President of the Republic, ensured discipline and the independence of these Magistrates and the administration of the private law courts. In actual fact, however, the Council never exercised this last duty falling within its power.

The October 4, 1958 Constitution led to a reform of the Council and changed the composition of its members. The President of the Republic and the Minister of Justice remained President and Vice President respectively, nine members were to be appointed by the President of the Republic, either directly (two qualified prominent figures) or per the nomination of the officers of the Cour de Cassation (six Magistrates) or the General Assembly of the Conseil d'état (a Conseiller appointed by the Conseil d'état). The Council's powers were limited and it was from then on only allowed to recommend nominations for Conseillers at the Cour de Cassation and the First Presidents of the Courts of Appeals to the President of the Republic and to issue a consultative opinion regarding the appointment of other Magistrats du Siege. The Council as a disciplinary body for Magistrats du Siege was confirmed and in this case, was presided by the first President of the Cour de Cassation.

The Constitutional Law and Amendment dated July 27, 1993 and February 5, 1994 significantly reorganized the Council compared to how it had been established in the 1958 Constitution. The principle of electing the Magistrates to be members of the Council was reinstated and two separate "formations" were created. One of these formations has jurisdiction over the sitting judges and the other one over the public prosecutors. Members who are common to both formations are appointed by the "high authorities" of the State (President of the Republic, Presidents of the two Parliamentary Chambers, i.e., the Senate and the National Assembly and the General Assembly of the Council of State). The Council was given greater latitude to recommend nominations of Presidents of the Tribunaux de Grande Instance as well. Its opinion is now binding on the Minister of Justice when dealing with sitting judges and the Council provides a consultative opinion when dealing with public prosecutors.

The organic Law of 25 June 2001 modified the process of the election of magistrates other than the members of the Court of cassation and the heads of court and of juridiction, by adopting balloting by the largest remainder proportional representation, without vote-splitting or preferential voting. It also modified the methods of taking sasine and functioning of the Council when ruling on disciplinary matters.