With the entry into force, on 23 January, of the law on the reform of the superior Council of the judiciary, any French citizen may request, under certain conditions, a review of the practices of the magistrates likely to receive a qualification of discipline. In accordance with the provisions of the organic act of 22 July 2010, the principles of the new reform of the superior Council of the magistracy (CSM) came into force on 23 January. The details of the reform had been adopted by Parliament meeting in Congress at Versailles on July 21, 2008.
The reform entered a new stage in the construction of the rule of law by offering the possibility to any French citizen to enter, without any intermediary, the supreme Council of the judiciary. Until then, only the keeper of the Seals, and the heads of the court had the power to seize the Council. The referral to the CSM by a citizen will not, however, be done only in a well-framed.
The conditions relating to the application The new option of referral to the superior Council of the magistracy may be used only to examine and challenge the practices of the magistrates. Can be advanced, for example, doubts about the corruption of a magistrate, a positioning racist, remarks that were deemed derogatory… The referral is not thought of as a new remedy : it does not allow citizens to challenge a decision of justice.
Any complaint must be submitted to the Board by postal mail 1 . In addition, it must :
provide all the elements necessary to identify the proceeding in which the challenged practices occurred ; to set out in detail the facts alleged against the magistrate, himself, clearly identified. To be able to mobilize the Board, it is necessary that the magistrate in question is no longer seized of the proceedings in question. In addition, the request must be made within a period of one year from the finality of the court decision (that is, no appeal may be exercised).
The conditions relating to the applicant may Not enter the superior Council of the magistracy, that a “justiciable”, that is to say, a citizen directly involved in the procedure in question.
The litigant may make her request for an anonymous way : the request sent to the MSC must wear :
the name and surname of the applicant and his address ; the date of the drafting of the request ; the signature of the applicant.