COUR DE JUSTICE DE LA RÉPUBLIQUE

The Court of Justice of the Republic (CJR) was established by the Constitutional Law of July 27, 1993, which added Articles 68-1 and 68-2 to Title X of the Constitution, concerning the criminal liability of members of the government. It has jurisdiction to try members of the government, including the Prime Minister, ministers, and secretaries of state, for acts that may be classified as crimes or offenses committed in the exercise of their duties. For acts committed outside the scope of their official duties, the ordinary criminal courts have jurisdiction. It is composed of 15 judges: 12 members of parliament (6 senators and 6 members of the National Assembly) and 3 judges from the Court of Cassation. One of these three judges presides over the Court. The Court may be petitioned by any person who considers themselves the victim of an act committed by a member of the government that may be classified as a crime or offense under criminal law. The referral procedure comprises three stages: A preliminary committee, the petitions committee, is responsible for deciding whether or not to initiate proceedings. It is composed of seven judges from the Council of State, the Court of Cassation, and the Court of Auditors. The decision to begin the procedure with such a committee aims to prevent proceedings motivated solely by political considerations. If the petitions committee decides not to initiate proceedings, it closes the case. If the petitions committee decides to initiate proceedings, it forwards the complaint to the Prosecutor General at the Court of Cassation for referral to the Court of Justice of the Republic. An investigating committee is then established. It is composed of three judges from the Court of Cassation. These judges hear from the victims and the accused to determine whether to refer the case to the trial panel. If the case is referred to the trial panel, the panel decides on guilt and sentencing by an absolute majority and by secret ballot. An appeal to the Court of Cassation can be lodged, and if so, the court may be called upon to rule again, but its composition will then need to be modified. The Court of Justice of the Republic (CJR) first ruled on the contaminated blood scandal in 1999. Laurent Fabius, Prime Minister at the time, and Georgina Dufoix, Minister of Social Affairs and National Solidarity, were acquitted. Edmond Hervé, Secretary of State for Health, was convicted but given a suspended sentence. It has since been called upon several times in cases of defamation, fraud against the State, misuse of corporate assets, receiving stolen goods, passive corruption, abuse of authority, and breach of professional secrecy. The CJR replaced the High Court of Justice. Referring a case to this High Court, composed solely of elected members of Parliament, was complex because it required the passage of identical legislation in both houses of Parliament. The 1993 reform aimed to reconcile public opinion with its political leaders, but today many are calling for its abolition. The Court of Justice of the Republic (CJR) is also currently being challenged for several reasons: the sentences handed down are very lenient and therefore unconvincing. They only apply to ministers and not to their advisors, who are tried in ordinary courts. The perception of a two-tiered justice system prevails. A draft constitutional law of March 14, 2013, concerning the jurisdictional responsibility of the President of the Republic and members of the government, proposed the abolition of the CJR, but it was abandoned. Another draft, the constitutional law for a renewal of democratic life, presented to the Council of Ministers on August 28, 2019, also proposed the abolition of the Court of Justice of the Republic, but it was not examined by Parliament. The CJR is currently trying Eric Dupont-Moretti, a sitting minister, for conflict of interest. https://www.vie-publique.fr/eclairage... ▬▬▬▬▬▬▬▬▬▬▬ BIBLIOGRAPHY (Constitutional Law)▬▬▬▬▬▬▬▬▬▬▬ G. Tusseau, Constitutional Law and Political Institutions, ► Amazon https://amzn.to/3x6nBGf G. CARCASSONNE and M. GUILLAUME, The Constitution, Points, ► Amazon https://amzn.to/3ztzEz1 F. MELIN-SOUCRAMANIEN, Constitution of the French Republic, Paris: Dalloz, 2021, ► Amazon https://amzn.to/3NMv0Qm ▬▬▬▬▬▬▬▬▬▬▬ RELATED VIDEOS ▬▬▬▬▬▬▬▬▬▬▬ ► Public Service    • SERVICE PUBLIC 🔤   ▬▬▬▬▬▬▬▬▬▬▬ CHAPTERS OF THIS VIDEO ▬▬▬▬▬▬▬▬▬▬▬ 00:00 Introduction 01:01 Definition 07:46 Summary 08:10 Conclusion #CJR #edm #trial ▬▬▬▬▬▬▬▬▬▬▬ ABOUT THIS VIDEO ▬▬▬▬▬▬▬▬▬▬▬ ABCJuris Video Legal Dictionary #ABCJurisVideoLegalDictionary Fanny Cornette Legal Definition    • COUR DE JUSTICE DE LA RÉPUBLIQUE   DISCLAIMER: Amazon EU Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.fr.