The name of the future Minister of Justice is not yet known, but already there is growing concern among magistrates. On the morning of Tuesday, September 17th, they discovered that there would no longer be a dedicated justice department in the cabinet of Prime Minister Michel Barnier. Instead, a large department covering “security, justice, immigration” is being implemented, under the direction of “interior advisor” Simon Babre, a 47-year-old man who was previously the prefect of Eure. This merger is seen as a “very worrying” signal by the Union Syndicale des Magistrats (USM) and the Syndicat de la Magistrature (SM), the two main representative organizations. They see the lack of a justice advisor as a threat to judicial independence, which is crucial for the balance of powers in the country.
The USM issued a strong statement denouncing the absence of a justice advisor and describing it as unprecedented in the Fifth Republic, indicating a potential threat to the independence of the judicial authority. The President of the Syndicat de la Magistrature, Kim Reuflet, expressed her dismay at what she sees as a move towards the “corporatization of justice”, similar to practices observed under the previous Minister of Justice, Eric Dupond-Moretti. The SM calls for the appointment of a magistrate as a “justice advisor” to head a separate department, raising concerns about how civil justice issues will be addressed by a prefect.
The decision made by Matignon is significant, as the head of the department is the main contact person for the concerned ministry with the Prime Minister’s office, and is responsible for advocating for budget allocations. In response to the growing discontent, Matignon has stated that a magistrate will soon be appointed as a “justice advisor” within the merged department. However, this may not be sufficient to alleviate concerns as the advisor would not have the same status as a department head and may not be included in key decision-making meetings. This raises fears in the judicial community as budgetary constraints may hinder the Ministry of Justice’s ability to advocate for resources at the highest levels.
The potential implications of the decision by Matignon are significant, as it could impact the future governance of the justice system and the independence of the judiciary. The absence of a dedicated justice department in the Prime Minister’s cabinet raises questions about the government’s priorities and commitment to upholding the rule of law. Furthermore, concerns have been raised about the lack of representation for important civil justice issues and the potential for judicial decision-making to be influenced by political considerations rather than legal principles.
Overall, the decision to merge the justice department with other related areas under a single advisor has sparked a backlash from magistrates and judicial organizations who fear a loss of independence and autonomy in decision-making. The government’s reassurance that a justice advisor will eventually be appointed to the merged department may not be enough to address these concerns, especially if the advisor does not have the same authority as a department head. The situation highlights the delicate balance between executive power and judicial independence in a democratic society, and the need for transparent and accountable governance in matters of justice.
