INTERNATIONAL ASSOCIATION OF JUDGES
EUROPEAN ASSOCIATION OF JUDGES

RESOLUTION CONCERNING THE FRENCH CONSEIL SUPERIEUR DE LA MAGISTRATURE

The European Association of Judges at the meeting in Vilnius on 20th May 2006 unanimously adopted the following

RESOLUTION

1.) It is now widely recognised that the principles of separation of powers of the state and the independence of the judiciary are indispensable to safeguard the rights of citizens.

2.) It is also widely recognised that these principles can be enforced by the creation of an independent High Judicial Council or an analogous body in which a majority of its members are elected by their peers.

3.) In France these principles have been adopted by prescribing the election of members of the CONSEIL SUPÉRIEUR DE LA MAGISTRATURE (C.S.M.) by all judges and prosecutors.

4.) The EAJ notes that in France it is suggested that the composition of the C.S.M. be modified to make possible an appreciable increase in the number of members appointed by the political authorities thus upsetting the current balance of power

5.) The EAJ expresses its grave concern with such developments, because a High Judicial Council or analogous body must have a strong degree of independence or autonomy from political or other authorities, or else there is always a danger that it may undermine judicial independence and public trust in the judiciary.

Vilnius, May 20th