The Superior Council of the Judiciary (French: Conseil supérieur de la magistrature - CSM) is a French constitutional body whose role is to guarantee the independence of the judiciary from the executive. More specifically, it is responsible for appointing and disciplining magistrates. It also intervenes at the request of the President of the Republic or the Minister of Justice to issue opinions on the operation of the justice system or the ethics of magistrates. Its operation is governed by and of the Constitution.

Its are the and the .

The Council is headquartered at the Hôtel Moreau, 20, rue de la Chaussée-d'Antin in the 9th arrondissement of Paris.

History

Origins The term "Superior Council of the Judiciary" first appeared in the judicial vocabulary with a law of August 30, 1883 on the reform of judicial organization: this was the name given to the Court of Cassation ruling in all chambers on matters of magistrate discipline.

It was not until the Fourth Republic and the changes brought about by the Liberation that an autonomous constitutional body was created under the same name. The Council was chaired by the President of the Republic, with the Minister of Justice as Vice-President. It is made up of six members elected by the National Assembly, four magistrates elected by their peers, and two members appointed by the Head of State from among the judicial professions. The Council's powers are extensive: it proposes the appointment of judges to the President of the Republic; it ensures the independence and discipline of these judges and the administration of the courts.

The Council under the Fifth Republic The Constitution of October 4, 1958 radically reformed the Superior Council of the Judiciary. Its composition was modified: around the President of the Republic and the Minister of Justice, who remain President and Vice-President, nine members are appointed by the President of the Republic, either directly (two qualified personalities) or on the proposal of the bureau of the Court of Cassation (six magistrates) or the general assembly of the Council of State (one State Councillor). The Council's powers are limited: it now only proposes to the President of the Republic the appointment of all judges to the Court of Cassation and the first presidents of the Courts of Appeal; it gives a simple opinion on the proposed appointments of other judges; confirmed as a disciplinary council for judges, it rules under the chairmanship of the First President of the Court of Cassation.

The Constitutional Act of July 27, 1993 and the Organic Act of February 5, 1994 transformed the institution once again, creating two panels, one for judges and the other for prosecutors. The Council continues to be chaired by the President of the Republic, with the Minister of Justice continuing to hold the vice-presidency. Magistrates sitting on the Council are now elected by their peers. The Council is required to issue an opinion on all judicial appointments, and is given the power to issue an opinion (which does not have to be followed) on the appointment of public prosecutors, with the exception of those whose posts are currently filled by the Council of Ministers (public prosecutor at the Court of Cassation and public prosecutors at the Court of Appeal).

The Constitutional Act of July 23, 2008 put an end to the presidency of the Council by the President of the Republic, broadened its membership (with magistrates now in the minority), gave it consultative powers over the appointment of public prosecutors, and enabled individuals to refer disciplinary matters directly to it.

An organic law passed in 2016 put an end to the appointment of public prosecutors by the Council of Ministers.

Since 1953, the Council had been based at the Palais de l'Alma, 15 , Paris, in an annex of the French President's office, but on occasion, meetings were held at the Élysée Palace. Following the 2008 reform, the Council's headquarters were transferred to 20 , then in June 2013 to the Hôtel Moreau.

Abandoned reform projects

1998–2000 project A reform initiated in 1998 extended to public prosecutors appointments made in accordance with the advice of the Superior Council of the Judiciary. The text also modified the composition of the Council by providing for 21 members (11 outside personalities and 10 magistrates). The bill was adopted by the National Assembly and the Senate, and put to a vote in Congress on January 24, 2000. A few days before the vote, the Congress meeting was cancelled by President Jacques Chirac.

2013–2016 project A constitutional bill presented to the Council of Ministers in 2013 aimed to restore the magistrates' majority on the Council, with the other personalities appointed by authorities independent of political power. The Council's role was strengthened with regard to the appointment and discipline of public prosecutors. In 2016, the text was adopted by both parliamentary chambers in identical terms, but Congress was not convened.

2018–2019 project The Édouard Philippe government's , presented in 2018 and reworked in 2019, provided for the appointment of public prosecutors on the assent of the Superior Council of the Judiciary, which also became fully responsible for their discipline. The reform was finally abandoned in the context of the COVID-19 pandemic.

Development paths Inspired by the prerogatives devolved to the Superior Councils of the Judiciary in several European Union countries, certain magistrates' unions have been calling for a far-reaching reform conferring on the Superior Council of the Judiciary the full power to appoint and discipline judges and prosecutors. In such a scenario, the would be attached to the Council rather than to the Ministry of Justice.

As part of the organized between 2021 and 2022 by Emmanuel Macron at the request of and , respectively First President and of the Court of Cassation, the organization steering working group is proposing a reform described as "disruptive", entrusting the Superior Council of the Judiciary with all budgetary management and human resources steering for the judicial system. In addition to transferring all the prerogatives currently conferred on the Minister of Justice in matters of appointment and discipline, the Superior Council of the Judiciary would also be responsible for the budgetary management of the courts and tribunals. In its final report, submitted to the President of the Republic on July 8, 2022, the States General Committee ruled out this proposal and suggested that the reform envisaged in 2018 would be completed. The Committee also proposed that the Council would be given a consultative role with regard to the justice budget.

Role According to the Constitution of October 4, 1958, "the President of the Republic is the guarantor of the independence of the judicial authority. He is assisted by the Superior Council of the Judiciary". In particular, the Council is responsible for appointing and disciplining magistrates.

Appointment of magistrates In France, under , it is the President of the Republic who appoints civil and military officials. In most cases, these appointments are made "on proposal" by another authority, which is bound by the President's choice. Judges are appointed by decree, the proposal being made either by the Superior Council of the Judiciary, or by the Minister of Justice:

The Superior Council of the Judiciary proposes directly to the President of the Republic the appointment of judges of the Court of Cassation, first presidents of courts of appeal and presidents of judicial tribunals. The Minister of Justice proposes all other positions to the President of the Republic, but must first obtain the opinion of the Superior Council of the Judiciary. In the case of judges, the Council's opinion is binding on the Minister, who may not propose the appointment of a judge whose opinion has not been respected. In the case of public prosecutors, the Minister can override an unfavorable Council opinion. In practice, successive governments have followed all CSM opinions since 2010.

In matters of appointments, the Superior Council of the Judiciary operates through two formations: one for judicial magistrates, chaired by the First President of the Court of Cassation, and one for prosecutors, chaired by the Prosecutor General at the Court of Cassation. Each formation includes magistrates and non-magistrate personalities, with the latter appointed by the President of the Republic, the President of the National Assembly, the President of the Senate, and the Council of State, ensuring a balanced composition for overseeing magistrate appointments.

Discipline of magistrates In disciplinary matters, the matter may be referred to the Superior Council of the Judiciary by:

the Minister of Justice; first presidents of courts of appeal or presidents of for judges, public prosecutors at courts of appeal or public prosecutors at higher courts of appeal for public prosecutors; any individual who believes that the conduct of a magistrate in the performance of his or her duties in the course of legal proceedings concerning him or her is liable to be classified as disciplinary.

In disciplinary matters, the Superior Council of the Judiciary operates through two formations: one for judicial magistrates, chaired by the First President of the Court of Cassation, and one for prosecutors, chaired by the Prosecutor General at the Court of Cassation. Each formation includes both magistrates and non-magistrate personalities to ensure balanced oversight of disciplinary proceedings for magistrates.

In the case of judges, the Council directly imposes disciplinary sanctions. In this case, the Council is regarded as an administrative court of first and last instance, whose decisions are subject to by the State Council.

In the case of public prosecutors, the Council confines itself to issuing an opinion, with disciplinary action being taken by the Minister of Justice (the CSM is therefore not a sanctioning court). The Minister's decision may be challenged before the Council of State, which then rules in the first and last instance as a judge of excess of power. If the Minister declares that he will follow the opinion of the CSM, renouncing his own power of decision, his decision may be annulled on the grounds of negative incompetence.

Sanctions (in the case of judges) and sanctions (in the case of public prosecutors) are decided by majority vote. In the event of a tied vote on the choice of sanction, the chairman of the panel has the casting vote.

The disciplinary sanctions applicable to magistrates are:

reprimand with entry on file; compulsory removal; removal from certain functions; prohibition from being appointed or designated as a single judge for a maximum period of five years; lowering of step; temporary exclusion from service for a maximum of one year, with total or partial deprivation of salary; demotion; compulsory retirement or admission to cease service if the magistrate is not entitled to a retirement pension; dismissal.

Advisory Opinions and Guarantee of Judicial Independence To ensure the independence of the judicial authority, the Superior Council of the Judiciary meets in plenary session to respond to advisory requests from the President of the Republic. It issues opinions on matters related to magistrate ethics and any issues concerning the functioning of the justice system raised by the Minister of Justice.

The Judicial Ethics Committee is tasked with issuing opinions on ethical questions concerning individual magistrates, upon their request or that of their hierarchical superiors, and reviewing magistrates' declarations of interests.

Composition The formation of the Council responsible for judicial magistrates is chaired by the First President of the Court of Cassation. It includes seven magistrates and eight external personalities.