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Report No. 80

3.12. France.-

In France, there is provision for consultation by the head of the State with a high-powered body, which advises the head of the State on the appointment of judges of the superior courts. The provisions of the Constitution of the Fifth French Republic (1958), appearing in the Title relating to "Judicial Authority", are quoted below in so far as they are material:1

"Article 64.- The President of the Republic shall be the guarantor of the independence of the judicial authority.

"He shall be assisted by the High Council of the Judiciary.

Article 65.- The High Council of the judiciary shall be presided over by the President of the Republic. The Minister of Justice shall be its Vice-President ex-officio. He may preside in place of the President of the Republic. The High Council shall, in addition, include nine members appointed by the President of the Republic in conformity with the conditions to be determined by an organic law.

The High Council of the Judiciary shall present nominations for judges of the Court of Cassation (Supreme Court of Appeal) and for First Presidents of Courts of Appeal. It shall give its opinion, under the conditions to be determined by an organic law, on proposals of the Minister of Justice relative to the nomination of the other judges. It shall be consulted on questions of pardon under conditions to be determined by an organic law. The High Council of the Judiciary shall act as a disciplinary council for judges. In such cases, it shall be presided over by the First President of the Court of Cassation."2

1. Constitution of the Fifth French Republic, (1958), Title VIII, Articles 64 and 65.

2. See also Constitution of Italy, Articles 104-105.



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