And the fact that there is suspicion discredits any legal string

The decision could not more evil fall. In deciding to appeal, Friday, of the judgment rendered at first instance in the case of Clearstream, the Paris Prosecutor, Jean-Claude Marin, has not really made the Minister of Justice service. Michèle Alliot-Marie, who is about to make public in the next few weeks the draft bill on the reform of criminal procedure, would be far from a new controversy over the independence of the Prosecutor's Office. Jean-Claude Marin acted alone, as he continues to say so, or that he has received instructions from its hierarchy (Chancery or Elysée), the issue ultimately secondary is under reform ahead. Is his statutory submission to the Department of Justice poses problem. Says Christophe Régnard, President of the Trade Union of magistrates (USM), "whatever the nature of the decision, there is suspicion of political intervention." And the fact that there is suspicion discredits any legal string. "But this scenario will reproduce for each of the decisions that will be made in the future in sensitive cases if the reform is adopted".

Risk of unconstitutionality

Removing programmed the investigating judge, by transferring the powers of investigation to the Prosecutor's Office, indeed the question of the independence of prosecutors and their status, particularly in terms of appointment. "There is no salvation for the criminal proceedings without a change in status of the Procurator of the Republic." "Because instructions of the Ministry, there are every day," said Benoît Hurel, Deputy Secretary General of the Union of the magistrature (SM). However, if there is a subject on which the Executive is inflexible, is the maintenance of the hierarchical relationship between the prosecutors and the Chancellery. And this despite the decisions of the European Court of the human rights. The July 2008 Medvedyev held view including that the French Attorney is not an independent "judicial authority".

The reform also involves a risk of unconstitutionality: entrusting the only flooring the direction of the investigation (and not more to the Prosecutor's Office and headquarters), respect for individual freedom could no longer be provided. In the light of the current intransigence of the elders of the Montpensier Street, the argument is not to take lightly.

At the Chancellery, there is no shortage an opportunity to recall that individual rights emerge reinforced reform. Michèle Alliot-Marie still said yesterday, before promoting 2010 National School of the judiciary, his willingness to "strengthen the protection of rights and freedoms to all stages of criminal proceedings".

Schedule pushed back

For the supporters of the reform, the status of the public prosecutor may remain unchanged under certain conditions: "the Prosecutor's Office will be one party among others." But it will require that each of the other parties have rights and the means to assert. "Rights, it will get there, is the question of the means which is more delicate," said François Zochetto, centrist Senator, Member of the Working Group on the reform of criminal procedure. Evidence that the subject is delicate, the Chancery continues to push its schedule: expected for the end of January, the draft law should finally not be made public before the end of this month.