Chapter II: Disqualification and dismissal on grounds of legitimate suspicion

Unless there is a specific provision, a judge may be challenged on the grounds set out in article L. 111-6 of the Code of Judicial Organisation.

A party wishing to challenge a judge or request that the case be referred on grounds of legitimate suspicion to another court of the same nature must, on pain of inadmissibility, do so as soon as he is aware of the cause justifying the request. In no case may the request be made after the close of the proceedings.

With the exception of actions brought before the Cour de cassation, the challenge or dismissal on grounds of legitimate suspicion may be proposed by the party himself or by his agent. The agent must be in possession of a special power of attorney. The application shall be made by a lawyer before the courts where the lawyer alone is entitled to represent the parties.

The application for recusal or dismissal on grounds of legitimate suspicion shall be made to the first president of the court of appeal. It shall be made by a deed delivered to the registry of the court of appeal. Where the cause justifying the request is discovered at the hearing, the request shall be made by a statement recorded by the registrar in an official report, which shall be sent…

The president of the court that is the subject of a request for referral on the grounds of legitimate suspicion or to which the member whose disqualification is requested belongs, and the member concerned, shall be notified by any means by the first president of the request submitted to him. Depending on the case, the President of the court or the member of the judiciary concerned shall be invited to…

The First President shall rule without debate within one month of the matter being referred to him, after obtaining the opinion of the Public Prosecutor. Where the application for recusal concerns the juge des libertés et de la détention ruling in the disputes referred to in article L. 213-8 of the code de l’organisation judiciaire, the first president shall rule promptly. The clerk of the court shall, by any means…

If the request for recusal is accepted, the judge shall be replaced. If the request for referral on grounds of legitimate suspicion is granted, the case shall be referred to another formation of the court initially seised or to another court of the same nature. This decision is binding on the parties and on the referring court. In the event of referral to another court, the procedure shall be as…

If the request for recusal or dismissal on grounds of legitimate suspicion is rejected, the person making it may be sentenced to a civil fine of up to €10,000 without prejudice to any damages that may be claimed.