Liberté individuelle et soins sans consentement. Le contrôle systématique du juge instauré par la loi du 5 juillet 2011

Abstract

The 5th of July 2011 act has introduced for the first time in France a control by a judge over complete enforced hospitalizations. He is the liberty and custody judge (JLD) of the regional court (Grande Instance) connected to the hospital taking care of the patient. Following the recommendations of the constitutional council, in a judgment of the 26th of December 2010 rendered on the prioritised matter of constitutionality (QPC), the legislator keeps a form of control through the JLD on the 15th day and eventually after the 6th month of the complete hospitalization. We will consider the core elements and criterions of the JLD's control and capture the essence of form and function of his control. Then we will review the practical problems encountered by the JDL to protect liberties: Organizing hearings, holding debates, writing and notifying decisions, due to this new mission.