Analysis
14 July 2018

Constitutional Council rules Executive prosecutorial oversight not in breach of separation of panel on the independence of the Public Prosecutor towards the executive

Bastille Day Newsletter 2018 - Enforcement / Court Decisions

 

Article 5 of the legal ordinance of December 22, 1958 provides that: “Prosecutors are placed under the direction and control of their hierarchy and under the authority of the Minister of Justice. At the hearing, their word is free.”

The independence of the Public Prosecutor is a long-standing debate and is subjected to harsh criticism. The judges union representatives indeed considered that the abovementioned provisions violate the principle of the separation of powers. On December 8, 2017 the Constitutional Council however ruled that article 5 of the legal ordinance of December 22, 1958 was in compliance with the Constitution. The Constitutional Council indeed considered that this article is compatible with the independence of the judiciary. Indeed, pursuant to article 30 of the French criminal procedure code the Minister of Justice provides general instructions with regard to the criminal policy to prosecutors but not for individual cases. The Constitutional Council thus considered that the provisions of the French constitution guarantee a well-balanced system between the independence of the judiciary and the government prerogatives and do not violate the principle of the separation of powers.

Related content

Publication
8 July 2025
Bastille Day Newsletter 2025
As they do every year for 14 July, Navacelle's lawyers offer you a selection of noticeable events which occurred in...
Analysis
20 May 2025
CJIP Paprec: criminal penalties applicable to violations of the rules governing public procurement
On 10 February 2025, Paprec signed a “Convention judiciaire d'intérêt public” – CJIP (equivalent to a Deferred Prosecution Agreement) to...
Publication
13 September 2024
Cross-country insights: Addressing Corruption Allegations in Arbitration Disputes
This guide aims at providing a comprehensive understanding of how different countries handle allegations of corruption in the course of...
Press review
7 November 2025
Press Review – Week of 3 November 2025
This week’s press review covers the U.S. Supreme Court’s examination of the legality of the tariffs imposed by Donald Trump,...
Analysis
5 November 2025
Modernization and strengthening of the French Financial Markets Authority’s powers
On September 16, 2025, a bill was introduced in the National Assembly to increase the powers of the AMF and...
Press review
31 October 2025
Press Review – Week of 27 October 2025
This week’s press review covers the decision to release former banker Wahib Nacer, who was convicted in the Libyan case...
Press review
24 October 2025
Press Review – Week of 20 October 2025
This week’s press review covers the formal notice issued to Airbus Atlantic by the French Human Rights League (LDH) for...
Publication
23 October 2025
CumCum: CACIB to settle with the French Financial Prosecutor over tax fraud case
Navacelle contributes to The Legal Industry Reviews' 10th edition, focusing on the agreement settled by CACIB with the French Financial...
Press review
17 October 2025
Press Review – Week of 13 October 2025
This week’s press review covers the decision by the Swiss Public Prosecutor’s Office to close a case involving the FIFA...
Press review
10 October 2025
Press Review – Week of 6 October 2025
This week’s press review covers the allegations of diversion of €9 million in development aid to Somalia from the Swedish...
Press review
3 October 2025
Press Review – Week of 29 September 2025
This week’s press review covers the guilty plea entered by a businesswoman before the Southwark Crown Court in London for...
Event
26 September 2025
Ethical dilemmas for lawyers in compliance and financial crime matters
A round-table discussion held at the Concilium Network Global Summit in Warsaw on 26 September 2025, co-organised by Navacelle.
Press review
26 September 2025
Press Review – Week of 22 September 2025
This week’s press review covers the settlement reached by UBS ending a long-standing tax dispute in France, the filing of...
Analysis
22 September 2025
CJIP Surys: a fine, a compliance penalty and compensation for the victim
On 8 July 2025, SAS SURYS entered into a Judicial Public Interest Agreement (CJIP) in respect of acts of bribery...
Press review
19 September 2025
Press Review – Week of 15 September 2025
This week’s press review covers the dismantling of the darknet platform “DFAS” which led to the arrest of two suspects...