Jean-Marc Sauve declares that "the situation of justice" is extremely difficult. The President of the United States General makes a "very worrying" observation about French justice and identifies two crises. He calls for a crisis of the judicial authority and a crisis of the public service to justice. He states that there has been no increase of the demand for justice in recent decades, but stocks and delays are growing longer.
This is accompanied by "the diffuse sensation of a deterioration of the quality of justice", which the committee observed during its work in courts.
Francois Molins, the Court of Cassation's Attorney General, is more direct. "Unanimously we prepare the harsh but fair report of a justice at the brink of collapse which only holds because of the goodwill of those who serve. We are paying for thirty-years of lack of systemic vision and one-off reforms without effective means.
According to the report, citizens consider the judicial system "not understandable", "not efficient", or "not accessible".
He identified the following needs: 1,500 more magistrates (currently around 9,000 in France), 2000 lawyers, 2,500-3,000 clerks and 2,000 administrative or technical staff.
The committee noted that there was a management deficit within the institution at the local, regional, and central levels.
This is where the committee confirms the will of Emmanuel Macron. Jean-Marc Sauve says that the code is "unreadable". He explains that it is subject to "10-25, even 30 laws which alter it each year". Francois Molins says that it has gone from 1700 to 2400 page in a matter of years.
The chair of the committee stated that "it needs to be completely revised and redesigned."
The committee requests that the public prosecutor (that is, those prosecutors who depend upon the Ministry of Justice) remain "investigative" and "prosecutioning" authorities. They are not to replace sitting judges who make decisions. The report states that "the prosecution's autonomy in sanctioning power has reached it limits."
The Committee of the States General of Justice does not question the current plan to build 15,000 prisons. However, it takes care to remember "the function of rehabilitation and prevention of recidivism" of the detention. Jean-Marc Sauve regrets that among the approximately 70,000 French detainees, "20-25% are serving short sentences, which we know are sources of recidivism", and wishes for the "return to integration advisers, probation in courts, at instant appearance hearings, and by sentencing judge".
Concerning prison overcrowding the committee proposes the creation of a regulatory system that has a "criticality threshold" for each prison, and would then put in place local mechanisms once this threshold is met. The system is similar to the one that was requested by the Comptroller-General of places of deprivation or liberty for many years.
It is home to "60%" of the litigation, and is frequently the only contact between citizens and justice. Chantal Arens notes that it is also the subject of "a certain disaffection within the courts".
The Committee of the States General proposes putting the first instance back in the center of civil justice to restore the image of civil law. Chantal Arens, who will be leaving the Court of Cassation presidency, says that it is currently "considered as a trial run prior to the appeal".
She warns, however, that we can't do it unless there are more resources. This means "regaining collegiality" and the finding of experienced magistrates to improve the quality judgments. A "sector policy", as it is called, is suggested.
Chantal Arens warns that it is "very long-term work."
Jean-Marc Sauve, at the end of these Estates general, believes it is not a "pile" of texts that will "restore justice to working order", but a "change of method in administration". He believes in a systemic approach that is not solely focused on the creation of laws.
Chantal Arens is also known for evoking a "global view of justice" and a need to "collective consciousness".
The committee proposes "developing education in law, justice" in this context. Jean-Marc Sauve agrees that it is a long-term job.
Last November, the platform consisting of 3,000 clerks and magistrates came together to remember the severity of the problems within the institution. They wrote that they no longer wanted a justice that didn't listen or that did everything.
In her general policy speech on Wednesday, Elisabeth Borne, Prime Minister, confirmed that 8,500 magistrates would be recruited, "taking up a campaign promise from Emmanuel Macron". A programming law was also announced by her, which would take up the Estates General's conclusions.
While the Estates General have achieved success in reflecting on the matter, the Elysee has warned that Friday will not see any arbitration. This process is just beginning.
