The French Magistrature: Siège, Parquet, and the École Nationale de la Magistrature

The French magistracy (magistrature) comprises both judges and prosecutors, who are members of a unified judicial corps. The magistracy is divided between the siège (the bench, or judges) and the parquet (the prosecution service). Magistrates are recruited through the École Nationale de la Magistrature (ENM) and are subject to the authority of the Conseil Supérieur de la Magistrature (CSM). The French system of a career judiciary, with separate but unified corps of judges and prosecutors, reflects the distinctive French conception of judicial function and independence.

The Unity of the Magistrature

French law treats judges (magistrats du siège) and prosecutors (magistrats du parquet) as members of a single magistracy. Both are recruited through the same school (ENM), belong to the same professional corps, and are subject to the same disciplinary authority. The unity of the magistracy reflects the French conception that both judges and prosecutors exercise a public function in the administration of justice.

Despite their common profession, judges and prosecutors have different statuses and functions. Judges are independent and irremovable; they exercise judicial functions and are protected from interference. Prosecutors are subject to hierarchical supervision by the Ministry of Justice and are not irremovable. The distinction between siège and parquet is fundamental to the organisation of the French judicial system.

Magistrats du Siège (Judges)

The magistrats du siège are the judges who hear cases and render decisions. They include the judges of the trial courts, the appellate judges, and the judges of the Cour de cassation. The judges are independent in the exercise of their functions: they are not subject to hierarchical supervision, and they cannot be removed from office except for serious disciplinary reasons.

The principle of the independence of the judiciary is protected by the Constitution and by the CSM. The President of the Republic is the guarantor of judicial independence, but the President’s powers are limited. The CSM makes recommendations for the appointment of senior judges and exercises disciplinary powers. The judges are protected from external pressure by their status and by the institutional safeguards of judicial independence.

Magistrats du Parquet (Prosecutors)

The magistrats du parquet are the prosecutors who represent the public interest in criminal proceedings. They are organised hierarchically, with the Procureur de la République at the Tribunal judiciaire level, the Procureur général at the Cour d’appel level, and the Procureur général près la Cour de cassation at the Cour de cassation. The Minister of Justice may issue general instructions to the parquet, but may not give instructions in individual cases.

The status of the parquet has been controversial. The European Court of Human Rights has held that the French parquet does not constitute a “judicial authority” for the purposes of the European Convention on Human Rights, because prosecutors are subject to ministerial authority. This has required changes in French criminal procedure, including the introduction of the juge des libertés et de la détention to authorise pre-trial detention.

The École Nationale de la Magistrature (ENM)

The École Nationale de la Magistrature (ENM) is the French national school for the training of magistrates. Established by the Ordinance of 22 December 1958, the ENM is located in Bordeaux and has a branch in Paris. The ENM is responsible for the initial training of magistrates, continuing legal education, and international cooperation in judicial training.

Entry to the ENM is competitive and is open to candidates with a law degree. The training programme lasts 31 months and includes theoretical courses, practical training in courts and other legal institutions, and internships. The ENM also offers continuing education courses for practising magistrates and specialised training for senior magistrates.

The ENM has been criticised for its centralised and uniform approach to judicial training. Critics argue that the school produces magistrates who are too similar in their outlook and too closely aligned with the state. Supporters argue that the ENM ensures a high standard of professional competence and judicial ethics.

The Conseil Supérieur de la Magistrature (CSM)

The Conseil supérieur de la magistrature (CSM) is the constitutional body responsible for the appointment and discipline of magistrates. The CSM is composed of magistrates and non-magistrate members. The CSM has two sections: one for judges and one for prosecutors. The CSM makes recommendations on the appointment of senior magistrates and exercises disciplinary powers.

The CSM’s role was strengthened by the 2008 constitutional reform. The CSM now plays a more active role in ensuring the independence of the judiciary. The CSM may be consulted by the President of the Republic on matters relating to the independence of the judiciary. The CSM also publishes an annual report on the state of the judiciary in France.

Recruitment and Career

Magistrates are recruited through the ENM and through lateral entry. The ENM recruits approximately 400 new magistrates each year. The candidates must pass a competitive examination and complete the ENM training programme. Lateral entry is available to legal professionals with significant experience, including lawyers, notaries, and legal academics.

The career of a magistrate is based on seniority and merit. Magistrates are appointed to positions based on their grade and seniority, subject to the approval of the CSM. The career progression includes promotion to higher courts and to senior administrative positions. The mobility of magistrates between the siège and the parquet is common.

Judicial Independence

Judicial independence is protected by the Constitution and by institutional safeguards. The judges are independent in the exercise of their functions and are not subject to hierarchical supervision. The CSM protects judges from external pressure and ensures that appointments and promotions are based on merit.

The independence of the judiciary is also protected by the principle of the separation of powers. The judicial authority cannot be interfered with by the executive or the legislature. The Constitutional Council has held that judicial independence is a constitutional principle. However, the independence of the French judiciary is limited by the career system and by the role of the executive in appointments.

The Debate About the Parquet

The status of the parquet continues to be debated. The European Court of Human Rights has held that the French parquet does not satisfy the requirement of independence for the purposes of Article 5(3) of the European Convention. This has required changes in French criminal procedure, including the transfer of certain functions from the parquet to the juge des libertés et de la détention.

Proposals have been made to strengthen the independence of the parquet by removing the Minister of Justice’s power to issue instructions. However, the government has been reluctant to reduce its control over prosecutorial policy. The debate about the parquet reflects the broader tension between the democratic accountability and the judicial independence of the prosecution service.