Features of the formation and implementation of the powers of the High Council of Magistracy: the experience of France

Abstract

The article is devoted to the study of the peculiarities of the formation, structure and procedure for exercising the powers of the High Council of Magistracy in France. It is determined that the French Revolution and the new institutional organization that emerged as a result gave the judiciary a somewhat less important role in the legal life of the state. Historically, guarantees of judicial independence in France have always been limited by the executive.
 It is established that in France in 1883 the High Council of Magistracy appeared, which was later determined by an autonomous governing body in accordance with the provisions of the 1946 Constitution. Since then, the Council has undergone several reforms, including changes to the 1958 Constitution, and in 1993, in addition to changing the number of members, the powers of the constitutional body were modernized. It is determined that the French High Council of Magistracy is bicameral, consisting of two panels, one of which exercises powers over judges and the other over prosecutors.
 Certainly, in the field of recruitment and training of judges, France has developed a model that is followed by most European countries. In most of the countries that we position in the modern legal dimension as continental Europe, the approach is used in the form of public competition and test tasks. This process is seen as a way to ensure the selection of the most qualified candidates, and also helps to ensure the independence of future magistrates.
 It was found that the members of the High Council of Magistracy in France carry out their mission in compliance with the requirements of independence, impartiality, honesty and dignity and ensure the prevention or immediate cessation of conflicts of interest. Conflict of interest is any situation of conflict between public interests, or public and private interests, which may affect the independent, impartial and objective performance of functions.
 It is established that the French High Council of Magistracy is directly related to the executive branch, as the head of the state is also the head of the Council and authorized to participate in personnel matters concerning this body.