The Benalla affair, the multiple searches that have affected the Center Zahra in France in recent months, the “insubordinate France” party, and the appearance of many yellow vests in the courts of the Republic, lead us to seriously ask ourselves the fundemantal question of constitutional principle: the separation of powers.
In theory, Article 64 of the Constitution specifies that the President of the Republic is the guarantor of the independence of the judicial authority. There should therefore be no collusion between the executive and the judiciary branch.
But it should also be known that the Head of State retains the power to appoint professional judges (Article 13 of the Constitution, Articles 26 and 28 of the Ordinance of 22 December 1958 on the Statute of the Judiciary), and that, moreover, it is specified in article 5 of the order of December 22, 1958 on the status of the judiciary that “the prosecutors are placed under the direction and the control of their hierarchical heads and under the authority of the Keeper of the Seals, Minister of Justice. At the hearing, their speaking is unrestricted.
It should be noted that these hierarchical leaders are the attorney generals, who are judicial prefects appointed to the Council of Ministers.
In short, the prosecutors, who have the power to conduct investigations, are subject to the hierarchical authority of the Minister of Justice, who himself is placed under the authority of the head of state.
Therefore, there is clearly an incompatibility with Article 64 of the Constitution, according to which the independence of the judicial authority is guaranteed, and Article 16 of the Declaration of the Rights of Man and of the Citizen which enshrines the principle of the separation of powers.
In fact, in France, we are told that justice is independent, but is it really true for magistrates?
Indeed, they are above all humans, and it is logical that a few of them would dare go against the political will of their hierarchy, at the risk of jeopardizing their professional career.
All of this shows that the separation between the executive and the judiciary is a fiction and it seriously undermines the impartiality of justice.
Moreover, when we add to this the fact that the new anti-terrorist laws give the administration the power to pronounce without coercive measures without judgment and thus increases the powers of the administrative authorities (prefects) to the detriment of the judiciary (magistrates), we can only deeply worry about any drifts that may involve.
For example, we recall that the closing of the prayer room of the Center Zahra in France, was decided before the aforementioned association could explain and defend itself.
The Anti-Zionist Party is sorry to see that in the “country of Human Rights”, whose people have fought so much for their freedoms, and continue to do so at this very moment, that we that we slip more and more towards a police state in which justice will only serve to endorse in spite of itself decisions made by executive power.
To have a true independence of justice, it would be necessary to begin to cut the hierarchical link between the floor and the keeper of the Seals.
A measure that could prevent many abuses and put an end to this two-tiered justice found in many recent cases, where it is clear that litigants are not equal before the court according to whether they are part of the Elite ruling class or not.
For example, for cases similar to that of Tariq Ramadan, who spent several months in jail on alleged rape charges, how many politicians accused of sexual assault have never been in prison in the past while waiting for their trials? (Darmanin, Tron, Pierre Joxe, Christophe Arend, DSK, and others).
Let’s not even talk about politico-financial scandals aimed at senior officials where the instructions take years and result in verdicts infinitely more lenient than for ordinary citizens.
It is time for the sacred institution of justice to regain its independence from political power and to be exercised in the same way towards all citizens, be they rich, poor, political opponents or supporters of the system.