Missions

The Council ensures the proper functioning of the justice system while respecting its independence.

With regard to magistrates, the Council exercises its powers in terms of recruitment, training, appointments, ethics, discipline, absences, leave, part-time service, secondment and retirement, in accordance with the conditions laid down by law.

Recruitment

An independent committee (commission de recrutement et de la formation des attachés de justice) is solely responsible for the recruitment and training of judicial attachés likely to become magistrates.

The Council has only limited involvement in recruitment. It appoints one full member and one alternate member to the commission to act as coordinator for the recruitment and the training for judicial officers.

Training

With regard to the continuing education of magistrates, the Council coordinates the continuing education organised by the heads of the judiciary corps (chef de corps), by presenting recommendations to magistrates and heads of corps, by maintaining relations with the Minister of Justice and by participating in the work carried out within international or european bodies.

On a reasoned proposal from the Council, the Minister of Justice may enter into agreements with training providers.

Appointments

One of the Council's duties is to propose candidates for appointment to a judicial post by means of a reasoned decision.

Ethics

Ethical rules for members of the judiciary are drawn up by the Council, which also monitors the application of these rules. Any member of the judiciary may refer a matter to the Council for an opinion on an ethical issue.

Discipline

Disciplinary proceedings may be instituted against a member of the judiciary

• or by a complaint lodged by an individual as part of a direct referral to the Council
• or by a department head reporting facts that could give rise to disciplinary proceedings or by a public prosecutor informing the company if criminal proceedings have been initiated.

Absences, leave for part-time work, secondment and retirement

The Council is informed of magistrates' absences of more than three days and manages the various types of leave as well as part-time service, magistrate secondments and retirement.

The law gives citizens the possibility of referring grievances relating to the operation of the justice system directly to the Council, i.e. complaints about malfunctions that have been observed, or complaints when they consider that the conduct of a magistrate in the performance of his or her duties constituted a disciplinary offence.

The Council may make recommendations to the heads of corps and departments with a view to improving the operation of the justice system.

The Council may submit to Parliament and the Minister of Justice, either on its own initiative or at the request of the latter, recommendations aimed at :

1. the organisation and operation of the justice system ;
2. the organisation and operation of the Council ;
3. the status of magistrates, "attachés de justice" and "referendaires de justice" as well as judicial staff.