Daniel LUDET - A magistrate’s responsibility

Pouvoirs n°74 - Les juges - septembre 1995 - p.123-142

At a time when French magistrates seem to have gained greater freedom in the exercise of their increasing power, it seems necessary to determine more precisely the scope of their responsibility. Indeed, its « classical » dimensions – penal, civil and disciplinary – seem to be less and less efficient for two reasons. First because it seems difficult to admit that a judicial act can be criticized otherwise than through appeal, and second because judges show a growing reluctance toward resorting to disciplinary measures. That is the reason why it seems important to enhance other dimensions of the magistrate’s responsibility such as his professional competence and his personal ethics. In so doing the magistrate’s responsibility would become part of his daily routine instead of being only exercised in exceptional cases. This would entail some concrete benefit for those who are to be tried. Résumé

Référence électonique : Daniel LUDET, "A magistrate’s responsibility", Pouvoirs, revue française d’études constitutionnelles et politiques, n°74, 1995, p.123-142. Consulté le 01-06-2012. URL : http://www.revue-pouvoirs.fr/A-magistrate-s-responsibility.html