I. – Within two months of taking up their duties, the judges of the commercial courts shall submit a complete, accurate and sincere declaration of their interests:
1° To the president of the court, for the judges of the commercial courts;
2° To the first president of the court of appeal, for the presidents of the commercial courts within the jurisdiction of that court.
The declaration of interests shall mention the links and interests held that are likely to influence or appear to influence the independent, impartial and objective performance of the duties that the declarant has or has had during the five years prior to taking up his duties.
Submission of the declaration of interests gives rise to an ethics interview between the judge and the authority to which the declaration was submitted, with the aim of preventing any possible conflict of interest. The interview may be repeated at any time at the request of the judge or the authority. Following the interview, the declaration may be amended by the declarant.
Any substantial change in the links and interests held is subject, within two months, to a supplementary declaration in the same form and may give rise to an ethics interview.
The declaration of interests may not be disclosed to third parties.
When disciplinary proceedings are initiated, the national disciplinary committee and the Minister of Justice may obtain disclosure of the declaration of interests.
A decree in the Council of State shall specify the conditions for the application of this article, in particular the model, content and conditions for submitting, updating and keeping the declaration of interests.
II. – The fact that a person required to submit a declaration of interests pursuant to the first paragraph of I fails to submit his declaration or omits to declare a substantial part of his interests is punishable by three years’ imprisonment and a fine of €45,000.
As a supplementary penalty, disqualification from civil rights may be ordered, in accordance with the procedures laid down in articles 131-26 and 131-26-1 of the Penal Code, as well as disqualification from holding public office, in accordance with the terms set out in Article 131-27 of the same code.
The act of publishing or disclosing, in any manner whatsoever, all or part of the declarations or information mentioned in this article is punishable by the penalties mentioned in article 226-1 of the Penal Code.