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Unit 9: Constitutional Structure: Judiciary

by superseding all special courts of the second degree ; in all cases, the appeal is now brought Notes
before the Court of Appeal.
Organisation of Judicial System: The organisation of the judicial system of France has a hierarchical
design of its own. First of all, we refer to the Supreme Council of Justice. The Constitution of the
Fourth Republic set up the Supreme Council of the Magistracy (Higher Council of Judiciary) for the
maintenance of the independence and impartiality of the judges. The new Constitution retains the
old body though with reduced powers.
It is provided in Art. 65 of the Constitution that the Supreme Council of Justice shall be presided over
by the President of the Republic and the Minister for Justice shall be its ex officio Vice-President to act
as the presiding officer when the President of the Republic is not available.
This body now consists of 9 members appointed by the President of the Republic in accordance with
the provisions of the organic law. It presents nominations for the judges of the Court of Causation
and for First President of the Court of Appeal. It gives its opinion under the conditions to be determined
by an organic law, on proposals of the Minister of Justice relating to the nomination of other judges.
It may be consulted on the questions of pardon under conditions to be determined by an organic law.
It also acts as a disciplinary council for judges. In such cases, it is presided over by the First President
of the Court of Causation. It is noteworthy that while under the Fourth Republic, the Supreme Council
appointed and promoted the judges, under the new Constitution it has been empowered to advise
the Government in matters relating to the appointment of the judges of the Court of Causation and of
the First President of the Court of Appeal.
Then, there is the High Court of Justice. Art. 67 of the Constitution lays down that it shall be composed
of the elected members of Parliament in equal number by the National Assembly and the Senate after
each general or partial election to these assemblies and it shall elect its own President from amongst
its members. An organic law shall determine the composition of the High Court, its rules and also the
procedure to be followed there. Art. 68 says that the President of the Republic shall not be accountable
for actions performed in the exercise of his office except in the case of high treason. He may be
indicted only by the two assemblies ruling by identical vote in open balloting and by an absolute
majority of the members of the said assemblies. He shall be tried by this High Court of Justice. It
further lays down that the members of the Government shall be liable for actions performed in the
exercise of their office and deemed to be crimes and misdemeanours at die time they were committed.
The procedure defined above shall be applied to them, as well as to their accomplices, in the case of
conspiracy against the security of the state. In the cases provided for by the present paragraph, the
High Court of Justice shall be bound by the definition of crimes and misdemeanours, as well as by
the determination of penalties, as they are established by the criminal laws in force when the acts are
committed.

It makes the President of the Republic the guarantor of independence of the judicial
authority to be assisted by the Supreme Council of Justice in the discharge of this
important function. The composition of the Supreme Council is to be determined by the
organic law of the Parliament.

According to the provisions of an organic law, the High Court of Justice consists of 24 members, 12
chosen by each house from among its members following a general election in the case of the National
Assembly and partial renewal in the case of the Senate. Its most important function is to try the
President of the Republic on charges of high treason and the ministers or their accomplices on the
charge of plotting against the security of the State. However, three important points must be kept in
view in this regard. First, the decision to bring a ‘party’ before the court must be taken by both the
Houses and not by the National Assembly alone as under the Fourth Republic. Second, the vote is no
longer secret as it is by open ballot. Last, the sentence on a President of the Republic found guilty of
high treason is no longer to be determined on the basis of rules laid down in the penal code. However,

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