NCJ Number
54132
Journal
Deviance et societe Volume: 2 Issue: 4 Dated: (DECEMBER 1978) Pages: 389-399
Date Published
1978
Length
11 pages
Annotation
THE PROBLEMS LEADING TO THE CREATION OF THE FRENCH MAGISTRATE UNION AND RECENT UNION ACTIVITIES ARE DESCRIBED.
Abstract
IN PAST DECADES, FRENCH JUDGES HAVE BECOME INCREASINGLY AWARE OF THEIR UNSATISFACTORY MATERIAL CONDITIONS; THE LACK OF FUNDS AVAILABLE TO THE COURT SYSTEM, THE RESULTING LACK OF JUDGES, AND THE GROWING NUMBER OF COURT CASES. AS A RESULT, JUDGES HAVE FELT THAT THEIR ADMINISTRATION OF JUSTICE WAS HASTY AND INADEQUATE. THE GAULLIST REGIME (1958-69) INTRODUCED SEVERAL JUDICIAL REFORMS BUT ALSO MADE JUDICIAL DUTIES MORE IMPERSONAL AND TECHNOCRATIC: JUDGES WERE FREQUENTLY REDUCED TO PLACING A SIGNATURE ON A PREPRINTED FORM. POLITICIANS ARE NOW ATTEMPTING TO CHARGE THE COURTS WITH THE RESPONSIBILITY OF ALLEVIATING A PUBLIC FEELING OF INSECURITY WHICH, IN REALITY, IS BASED ON ECONOMIC FEARS. IN 1968, THE MAGISTRATES UNION WAS CREATED. DISAPPOINTED IN EXISTING PROFESSIONAL ASSOCIATIONS, YOUNG JUDGES WANTED TO FOUND AN ACTIVE, AGGRESSIVE, AND EFFECTIVE REPRESENTATIVE OF THEIR INTERESTS. FRANKLY DEFIANT OF THE TRADITIONAL JUDGES ORGANIZATIONS, THE UNION EMPHASIZED DEMOCRATIC PRINCIPLES RATHER THAN THE CONVENTIONAL COURT HIERARCHY. THE FIRST GOAL OF THE UNION WAS TO POINT OUT THE INADEQUACY OF THE THREE CONCEPTS ON WHICH FRENCH JUSTICE IS BASED: INDEPENDENCE, IMPARTIALITY, AND INFALLIBILITY. IT CRITICIZED THE LACK OF LEGAL GUARANTEES AND THE OUTDATED HIERARCHICAL ADVANCEMENT PROCEDURES. RATHER THAN CLIQUISH PROFESSIONALISM, IT ASSERTED THE NEED FOR CLOSE CONTACTS WITH THE PUBLIC. ITS AFFIRMATION OF THE JUDGES' RIGHT TO STRIKE AND ITS ENDORSEMENT OF THE LABOR UNIONS PUT A STRAIN ON GOVERNMENT RELATIONS. AFTER A PERIOD OF CRISIS, THE MAGISTRATE UNION IS HOLDING ITS OWN COURSE INDEPENDENT FROM THE OFFICIAL UNION MOVEMENT AND FROM OFFICIAL GOVERNMENT POLITICS. THE ARTICLE HAS NO REFERENCES. --IN FRENCH. (SAJ)