France’s Constitution of 1958 with Amendments through 2008


Judicial Independence

 
Article 64. The President of the Republic shall be the guarantor of the independence of the Judicial Authority. He shall be assisted by the High Council of the Judiciary. An Institutional Act shall determine the status of members of the Judiciary. Judges shall be irremovable from office.
 

Judicial Council or Parallel Institution

 
Article 65. The High Council of the Judiciary shall consist of a section with jurisdiction over judges and a section with jurisdiction over public prosecutors. The section with jurisdiction over judges shall be presided over by the Chief President of the Cour de cassation. It shall comprise, in addition, five judges and one public prosecutor, one Conseiller d’état appointed by the Conseil d’état and one practicing lawyer, as well as six qualified, prominent citizens who are not Members of Parliament, of the Judiciary or of the administration. The President of the Republic, the President of the National Assembly and the President of the Senate shall each appoint two qualified, prominent citizens. […] The section of the High Council of the Judiciary with jurisdiction over judges shall make recommendations for the appointment of judges to the Cour de cassation, the Chief Presidents of Courts of Appeal and the Presidents of the Tribunaux de grande instance. Other judges shall be appointed after consultation with this section. The section of the High Council of the Judiciary with jurisdiction over public prosecutors shall give its opinion on the appointment of public prosecutors. The section of the High Council of the Judiciary with jurisdiction over judges shall act as disciplinary tribunal for judges. When acting in such capacity, in addition to the members mentioned in the second paragraph, it shall comprise the judge belonging to the section with jurisdiction over public prosecutors. The section of the High Council of the Judiciary with jurisdiction over public prosecutors shall give its opinion on disciplinary measures regarding public prosecutors. When acting in such capacity, it shall comprise, in addition to the members mentioned in paragraph three, the public prosecutor belonging to the section with jurisdiction over judges. The High Council of the Judiciary shall meet in plenary section to reply to the requests for opinions made by the President of the Republic in application of article 64. It shall also express its opinion in plenary section, on questions concerning the deontology of judges or on any question concerning the operation of justice which is referred to it by the Minister of Justice. […] The Minister of Justice may participate in all the sittings of the sections of the High Council of the Judiciary except those concerning disciplinary matters. According to the conditions determined by an Institutional Act, a referral may be made to the High Council of the Judiciary by a person awaiting trial. The Institutional Act shall determine the manner in which this article is to be implemented.
 

Attorney General’s Office

 
Article 65. […] The section with jurisdiction over public prosecutors shall be presided over by the Chief Public Prosecutor at the Cour de Cassation. It shall comprise, in addition, five public prosecutors and one judge, as well as the Conseiller d’état and the practicing lawyer, together with the six qualified, prominent citizens referred to in the second paragraph.

General Assembly

The promise of legal empowerment in advancing access to justice for all, October 20, 2023

Human Rights Council

Reimagining justice: confronting contemporary challenges to the independence of judges and lawyers, June 26, 2023

General Assembly

Judicial independence in the context of the 2030 Agenda for Sustainable Development, October 14, 2022

Human Rights Council

Protection of lawyers against undue interference in the free and independent exercise of the legal profession, June 21, 2022

General Assembly

Participation of women in the administration of justice, October 13, 2021

Human Rights Council

Report on Impact and challenges of the coronavirus disease (COVID-19) pandemic for independent justice, June 28, 2021

General Assembly

Report on Disciplinary Proceedings Against Judges, October 15, 2020

Human Rights Council

Report: Independence of Public Prosecutors, Corruption and Human Rights, July 13, 2020

General Assembly - October 16, 2019

Report on the UN Basic Principles on the Independence of the Judiciary