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A complaint denounces dysfunctions in judicial management in two judicial courts in Laon and Soissons

Dysfunctional justice

By Nathan FUNKPublished about a year ago 2 min read

A litigant recently filed a formal complaint with the High Council of the Judiciary (CSM), highlighting serious accusations against several members of the judiciary. The case, which raises questions about ethics and impartiality, involves delays in proceedings, allegations of bias, and behavior deemed contrary to the fundamental principles of justice.

The facts alleged

According to the documents provided, the complainant claims to have been summoned to a hearing on the basis of elements that he considers to be erroneous or insufficiently founded. This summons, received after an unusually long delay, would follow reports previously filed by the litigant against two magistrates for facts that he considers serious and documented.

The complainant considers that these events reflect an attempt at intimidation, contrary to the spirit of impartiality and integrity required by Article 3 of the Code of Ethics for Magistrates. He also denounces unjustified delays and behavior that he describes as manifest negligence in the management of his legal case.

Reporting breaches of ethics

The complaint letter refers to a contentious testimony and several contested procedural elements. The main grievances include:

The maintenance of three false testimonies in a criminal case;

Abnormal delays in the transmission of summonses;

A suspicion of bias, resulting from close professional ties between the magistrates concerned.

In addition, the complainant points to behavior deemed inappropriate on the part of another judicial actor involved in his monitoring, in particular violations of confidentiality and demeaning remarks.

Legal framework invoked

To support his complaint, the litigant cites several fundamental texts:

Article 64 of the French Constitution, which guarantees the independence of magistrates and entrusts the CSM with a central role in respecting judicial ethics;

Article 3 of the Code of Ethics for Magistrates, imposing impartiality, integrity and independence;

Article 6 of the European Convention on Human Rights (ECHR), which guarantees the right to a fair and impartial trial.

The complainant also highlights the possible application of Article 10 of Ordinance No. 58-1270 of 22 December 1958, which provides for disciplinary sanctions in the event of a breach of ethical rules.

An ongoing case

This case is awaiting a hearing scheduled for the end of January 2025, during which additional evidence is expected to be presented. The complainant hopes that a thorough investigation will establish responsibilities and ensure respect for the fundamental principles of justice.

By recalling the presumption of innocence enjoyed by all parties involved, this case raises questions about the current control and sanction mechanisms in the French judicial system. The High Council of the Judiciary is called upon to rule and clarify these allegations.

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About the Creator

Nathan FUNK

Nathan Funk, an international relations expert and seasoned mediator, brings 20 years of experience to the service of peace, dialogue and global cooperation.

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