French politician calls for new court to sanction magistrates after child's death

Bruno Retailleau, president of the Republicans party and a candidate for the upcoming presidential election, has called for a fundamental reform of the judicial system's disciplinary mechanisms. He argues that the current system, overseen by the Superior Council of the Magistracy (CSM), is failing to hold magistrates accountable.

"The sanction mechanisms for magistrates do not work," Retailleau stated, criticizing the CSM's composition as "too corporatist." He pointed to the fact that in the last fifteen years, only one sanction, a reprimand, has been issued. To address this perceived dysfunction, Retailleau proposes the creation of a new "disciplinary court for the magistracy."

This proposed court would include a college of citizens selected by lot, sitting alongside magistrates and qualified personalities. Crucially, it would not be presided over by a magistrate but by one of the other members, elected by their peers. The court could be initiated by citizens, judicial superiors, or the Minister of Justice. Retailleau suggested the existing CSM would continue to function for magistrate appointments.

These proposals come in the wake of the tragic death of 11-year-old Lyhanna in Gers, and revelations about the suspect's prior complaints and alleged offenses. President Emmanuel Macron acknowledged a "dysfunction" in the case. While Justice Minister Gérald Darmanin lamented that the "judicial institution failed to protect" the child, Retailleau suggested that ministerial directives prioritizing child victims were not effectively implemented, pointing to a broader issue of bureaucratic inertia within the French state.