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By presenting before the Legal Affairs Committee of the National People’s Assembly the draft organic law establishing the status of the judiciary, the Minister of Justice, Keeper of the Seals, Lotfi Boudjemâa, defended a profound reform aimed at aligning the judiciary with the requirements of the 2020 Constitution. This text, which redefines the prerogatives of the Superior Council of the Judiciary and strengthens the guarantees of independence of judges, aims to modernize the functioning of justice, to promote the training of magistrates and to consolidate the transparency of the judicial system.
The minister immediately declared that “the law currently in force, promulgated in 2004 within the framework of the 1996 Constitution, no longer meets, with time and changes, the requirements of the political, social and institutional situation.” Stressing that the new project is part of “a vision of global reform intended to strengthen the independence of the judge, guarantee the transparency of his career and improve the functioning of the public service of justice”, he made it clear that composed of 110 articles divided into three main axes, the organic bill aims to “provide the judiciary with a modern, coherent framework consistent with the constitutional principles of 2020”.
The first axis concerns the consecration of the role of the Superior Council of the Judiciary (CSM) as the sole body responsible for managing the professional career of the judge, “from his appointment until his retirement”. Mr. Boudjemâa explained that the text provides that “the permanent office of the Council, in coordination with the Ministry of Justice, will be responsible for the distribution of new judges within the different jurisdictions”. It also entrusts the Council with the mission of approving continuing and specialized training programs for magistrates, while granting it new prerogatives in terms of authorization of additional activities or monitoring of professional careers. The project also introduces the creation of new qualifying judicial positions allowing access to the Supreme Court and the Council of State, through the function of assistant judge, for which the Superior Council of the Judiciary will have the power of approval and appointment.
The second axis of the reform aims, assured the minister, to “consolidate the independence of judges and preserve the dignity of the judiciary”. The project thus regulates the conditions for the transfer of magistrates, with a view to balancing the needs of the public service of justice and the personal interests of those concerned. Judges may request their transfer, either as part of the annual movement, or “for exceptional reasons provided for by the organic law relating to the Superior Council of the Judiciary”. The minister underlined that the text guarantees “new rights to the judge”, in particular “the right to exercise a union, the benefit of leave and the protection of the State in the event of aggression or threat linked to the exercise of its functions”.
Wishing to strengthen the neutrality of the magistrate, Mr. Boudjemâa placed emphasis on the ban on judges from “joining a political party, exercising an elective mandate of a political nature or any lucrative activity”, with the exception of “teaching and training”, subject to approval from the president of the permanent office of the CSM.
Discipline, transparency and protection of the judge
In addition, the minister detailed the provisions relating to discipline, affirming that “the project precisely defines the serious professional misconduct which may lead to the dismissal of the magistrate, as well as the guarantees which are recognized to him within the framework of the disciplinary procedure”. He added that “the jurisdiction to suspend the judge will now be transferred to the Superior Council of the Judiciary” and that the procedures for abandoning a position will be “simplified, clear and accompanied by strictly regulated deadlines”. The text also guarantees “respect for the judge’s right to defense at all stages of the disciplinary procedure”. In order to separate the powers of instruction and decision, the minister specified that “the General Inspectorate of the Ministry of Justice will be responsible for initiating disciplinary proceedings in the name of the Minister of Justice”, with the aim of “consecrating the principle of separation between the authority of prosecution and that of judgment”.
Concerning training, Mr. Boudjemâa noted the importance of the “central role of the Higher School of Magistracy”, responsible for ensuring “the basic training of student magistrates” and coordinating with the CSM for “the implementation of continuing and specialized training programs”. He specified that “the project pays particular attention to the qualification of the judge, an essential actor in the protection of rights and freedoms and guarantor of social justice”. The text also maintains the possibility of extending the duration of activity of magistrates after retirement age, up to 65 years for judges of courts and administrative tribunals of appeal and up to 70 years for those of the Supreme Court and the Council of State, with the possibility of using their expertise by means of contract.
The draft organic law provides for a probationary period of one year, renewable, for magistrates from the Higher School of Magistracy, without being able to render judgments or order provisional detention. It specifies their professional duties, including a ban on using social media to discuss legal cases. The objective is to strengthen the transparency, competence and independence of the judiciary, in accordance with constitutional commitments for modern and fair justice.