Magistrates, lawyers, clerks, staff of the judicial protection of youth and the penitentiary administration, litigants, we do not resign ourselves to the destruction of the judicial institution which has been at work throughout the five-year period of Emanuel Macron. It is clear that the situation has further deteriorated, even though it was already on the verge of implosion at the end of François Hollande’s five-year term.
The unprecedented mobilization of more than 5,500 magistrates, 500 court auditors and more than 1,500 registry staff supported by lawyers is emblematic of the generalized burnout.
This legislature was a missed opportunity not only to guarantee the independence of justice vis-à-vis the executive power in order to deprive it of any temptation to interfere, in particular through appointments, but also to provide it with the means necessary human and material.
Restrictions of freedoms
The fight against terrorism has come down to continuing to sacrifice individual and collective freedoms on the altar of security.
The management of the Covid epidemic has aggravated the restrictions on freedoms: exorbitant powers have been entrusted to the prefects and the Government, without any control by the legally independent judicial judge.
The Estates General of Justice set up at the very end of the mandate are only a smokescreen. The poverty of the justice budget is in no way called into question, despite repeated requests from all stakeholders. Their postponement after the presidential election is further proof of their perfectly anecdotal character.
Finally, nothing has been done for civil, commercial and industrial justice, which constitutes more than 70% of judicial activity (and more particularly family justice and juvenile justice, whose decisions are not implemented , lack of resources) which continues to be a poor relation with incredible delays in examining cases, the disappearance of hearings, the complexity of procedures.
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Clarity and readability
Justice needs clarity and readability in its organization, which has become too complex due to piecemeal reforms, guided by accounting choices. The principles of proximity, speciality, collegiality and fair trial must be the basis of a comprehensive reform, at the constitutional level, within the framework of the establishment of a constituent assembly for a Sixth Republic, which only Jean- Luc Mélenchon proposes to establish. The place of Justice can be questioned in its entirety in its relationship with the other powers, and the citizen can take his place there so that justice is truly rendered “in the name of the French people”
Alongside this overhauled constitutional framework, we must:
Recruit by competition over 10 years, 13,000 magistrates, 20,000 clerks, 4,000 agents for the judicial protection of youth and 5,000 for the penitentiary services for integration and probation;
Recreate dozens of local courts to ensure access to justice for litigants;
Have the main lines of criminal and civil policy defined by the national representation;
Fight primarily against economic and financial crime;
Restore assize courts with popular jurors;
Attach the judicial police to the Ministry of Justice;
Repeal the criminal justice code for minors in favor of the development of a children’s code whose priority will be the protection and education of children;
Increase the legal aid budget significantly in order to allow the most precarious to access a judge within the framework of a constitutionalization of the right of access to a lawyer and the rights of defense and defence;
Initiate a policy of penal deflation for prison deflation;
Transform prisons into rehabilitation centers for convicted prisoners, where priority will be given to resistance;
This is why in April 2022, we will vote for Jean-Luc Mélenchon and the ambitious program he carries for the public service of Justice.
– Estellia Araez, lawyer at the Bordeaux bar
– Bertrand Mertz, lawyer at the bar of Metz
– Caroline Mecary, lawyer at the bars of Paris and Quebec
– Florian Borg, lawyer at the Lille Bar
– Albert Levy, former magistrate
– Hélène Cabanel*, sentencing judge
– Carlos Lopez, PJJ educator, union official
– Nicole Quilici, retired educator, union activist
– Antoine B., prison administration officer
– Elodie Francisot, escort agent at PREJ
*signed under a pseudonym