Press review - Week of 11 July 2022

Press review – Week of 11 July 2022

In this press review you will find a decision of the French Cour de cassation which clarifies the interpretation of the principle of speciality in extradition matters. Moreover, an article highlights the record numbers of decisions by the French Competition Authority on merger control. In the field of criminal procedure, the Constitutional Council decided on a question related to the criminal seizure of the bank account of a lawyer and the handling of the attorney client privilege. Furthermore, the press review refers to recent decisions of the ECHR and discusses the need to "open up" the judiciary in terms of training and recruitment, after the publication of a report on the French judicial system.

The investigating chamber must verify compliance with the principle of specialty

In a decision of 28 June 2022, the French Cour de cassation clarified that, when a nullity exception based on the infringement of the principle of specialty is raised in extradition cases, the investigating chamber is responsible for ensuring that the principle of specialty has been complied with, but is not required to sanction the liberty and custody judge who has failed to carry out such a verification. (Cass. crim., 28 June 2022, No. 22-82.630). > Read article

The French Competition Authority better equipped to face its “major challenges”

Following its 2021 report, the French Competition Authority (Autorité de la concurrence) shows both a record number of merger control decisions and, above all, an increase of its powers and weapons available to carry out its missions. > Read article

QPC: criminal seizure of assets on a lawyer’s account and attorney client privilege

The Constitutional Council was presented with a priority question of constitutionality (“QPC”), according to which, when the criminal seizure of a sum of money concerns sums paid into a lawyer’s bank account, the provisions of article 706-154 of the Code of Criminal Procedure would oblige the latter, in order to contest this seizure, to disclose information protected by attorney client privilege, relating in particular to his or services and his or her clients. The Constitutional Council, in a decision of 8 May 2022, considers that these provisions do not imply that the lawyer must reveal information about his or her clients or the services from which the sums seized are derived. Even if this were the case, the Constitutional Council explains that the lawyer may reveal such information if the disclosure is imposed by the strict requirements of his or her own defense before a court. (Constitutional Council, 8 July 2022, No. 2022-1002 QPC). > Read article

ECHR chronicle: revolution against digital formalism

In May and June 2022, the European Court of Human Rights issued interesting rulings and decisions in areas as varied as: digital formalism, religious rights of detainees or minorities, freedom of association, freedom of expression, environmental protection, access of disabled persons to municipal cultural buildings, the fight against violence of all kinds, etc. > Read article

Jean-Marc Sauvé: “There is a temptation in the judiciary to turn to corporatism”

Friday, 8 July, Jean-Marc Sauvé has submitted to the President the report of the committee of the Etats généraux de la Justice, which insists in its conclusions on the need to “open up” the justice system in terms of recruitment and training to meet new needs, particularly in the courts first instance. In an interview, he gives his opinion on various points of the report. > Read article