When a vacancy occurs before the expiry date of the terms of office, the member of the commission is replaced and installed within three months in accordance with the procedures laid down for the initial appointment. The member thus appointed completes the term of office of the member he replaces. .
The commission’s secretariat is provided by the secretary general of the first presidency of the Court of Cassation. If the secretary general is unable to act, the secretariat is provided by a judge delegated for this purpose by the first president.
The date and agenda of committee meetings are set by order of the committee chairman. A copy of the order is sent to the Keeper of the Seals, Minister of Justice, and is attached to the notice of meeting sent by the secretary of the commission. The minutes of the sittings are signed by the chairman and the secretary of the commission.
When it refers the matter to the commission pursuant to Articles L. 724-3, L. 724-4 or R. 724-20, the Keeper of the Seals, Minister of Justice or the First President of the Court of Appeal, shall forward to the Chairman of the Commission all documents relating to the proceedings.
As soon as the matter has been referred to the Committee, its secretary will inform the judge being prosecuted by any means that confers a date certain, stating that he or she may inspect the documents relating to the prosecution at the Committee’s secretariat or that they may be sent to him or her by electronic means. The Chairman of the Committee will appoint a rapporteur from among the Committee’s…
The judge being sued may be assisted by one of his peers, by a lawyer at the Conseil d’Etat and the Cour de Cassation or by a lawyer registered with a bar association. The file on the proceedings must be made available to the interested party and his counsel at least forty-eight hours before each meeting of the committee or each hearing by the rapporteur or his delegate of the…
The judge being prosecuted shall be summoned to appear before the commission by its secretary by any means that confers a date certain on the summons.
The judge being prosecuted is required to appear in person unless duly prevented from doing so.
After the report has been read and the representative of the Minister of Justice has been heard, the judge being prosecuted is invited to give his explanations and defences on the facts of which he is accused.
The hearing of the National Disciplinary Committee is public. However, if the protection of public order or privacy so requires or if there are special circumstances likely to prejudice the interests of justice, access to the hearing room may be prohibited for all or part of the hearing, if necessary ex officio, by the Chairman. The Commission deliberates in camera. The decision, which shall state the reasons on which it…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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