CONSIDERATIONS SUR LE STATUT DU PARQUET EN FRANCE. LA SUBORDINATION AU MINISTRE DE LA JUSTICE ET L’EQUITE DANS LE CONTEXTE INTERNATIONAL ET NATIONAL
CONSIDERATIONS SUR LE STATUT DU PARQUET EN FRANCE. LA SUBORDINATION AU MINISTRE DE LA JUSTICE ET L’EQUITE DANS LE CONTEXTE INTERNATIONAL ET NATIONAL

Summary/Abstract: The article treats and analyses the statute of the Prosecutors in France and the conformity of the 5th article of the Organique Law ruling the statute of magistrates which reveals that : « The magistrates forming the Public Minister are placed under the control and under the direction of their superior chiefs and under the authority of the French Minister of Justice (…) », with the rule of law principle, with the 16th article of the French Declaration of human and citizens’ rights from 1789, guaranty of the independence of the judicial authority and with the 64th article of the French Constitution from 1958. The French Constitutional Council was seized on September 27th, 2017 to decide on the priority issue of constitutionality (QPC) raised in June 2017 concerning this issue by the Union syndicale des magistrats. It was also pointed out that these provisions disregard, for the same reason, the right to a fair trial and the rights of the defense in the criminal trial. The European Court of Human Rights has questioned the French penal system and not in a very favorable way for France by appreciating upon the statute of the Public Prosecutor. Nevertheless, France has chosen to justify its traditional structure regarding this matter of subordination because, in fact, it does not contravene the Constitution or the principle of the fairness of the criminal trial since, indeed, independence and the separation of powers (rule of law) exist and have always existed in the French penal system.

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