The attention of the first President of the Court

The attention of the first President of the Court Of appeal of Versailles Ms. Marie-Gabrielle Magueur President of the first Chamber 1st section Conclusions For: Mrs Moreau Christel Mr Lorentz Emeric Association SEFCA Europe 5 rue Théophile Leduc 93500 Pantin Appellants Against: Mrs. Armelle Guiraud; Ms. Martine Novella; Mr Pierre Pedron; Mr beyond; Mr Becdelievre; Ms. Favereau Respondents LIKE MS. THE FIRST PRESIDENT The duties of the magistrate and the oath Set professional standards which today applied to the judges, it is search that the exercise of the profession imposes as special ethical obligations being understood that outside these rules of criminal law and civil law, apply to the magistrate in the same of every citizen. **** With regard to the rules of the civil law applied to the magistrate in the exercise of its jurisdiction, it should be noted that civil liability may be sought in the action for recovery of the State whose responsibility would have been committed as a result of a malfunctioning of the public service of justice, in the case of personal fault detachable (article l. 781 - 1 of the Code of judicial organization). With regard to the rules of the criminal law they apply to the magistrate in the exercise of its activity in various cases, such corruption (section 434-9 of the Penal Code) the denial of justice (section 434-7-1) the abuse of authority (section 432-1) the violation of professional secrecy (226-13) etc... For the rest, the Court of cassation made result from the constitutional principle of independence of the judges, the result that "their adjudicative decisions cannot be criticized, both in their reasons in their device, by the sole exercise of remedies provided by law"; that "this principle, so that that the secrecy of the deliberations are obstacle that a court decision may be regarded as constituting in itself a crime or an offence", adding "it is in regard to the magistrate of the Prosecutor's Office...". Therefore that it is of principle that the Crown took requisitions and freely develops the observations that he believed suitable for the good of justice. » **** Order n ° 58-1270 of 22 December 1958 change concerning the organic law on the status of the judiciary defines the obligations professional of the magistrate of the four main provisions. **** First article 6 contains the oath that any magistrate on his appointment to his 1st position and before : "I swear of property and faithfully perform my duties, to religiously maintain the secrecy of the deliberations of and lead me in as a worthy and loyal magistrate." Then, section 10 provides that "Any deliberative policy ". is prohibited to the judicial body, all manifestations of hostility to the principle or the form of the Government of the Republic is prohibited magistrates, and any demonstration of political nature incompatible with the reserve that impose their function - is also impeding the functioning of the courts. » **** Then article 43 defines the disciplinary : "Any breach by a magistrate to the duties of his State to the honour, the delicacy or dignity, is a disciplinary fault - this fault is assessed for a member of the Prosecutor's Office have a magistrate in the framework of the central administration of the Ministry of justice with the obligations flowing from the hierarchical subordination." **** In conclusion: Finally article 79, paragraph 1 provides that "honorary magistrates are required to reserve appropriate to their condition." Of provide specific texts incompatibilities and prohibit a magistrate to exercise national political mandates or the European Parliament, or to judge in a jurisdiction or the magistrate had five years before, a local term or when the spouse is parliamentary. **** The disciplinary of Nanterre and judges of the Court of appeal of Versailles of the 7th Special Chamber of minors: Mrs. Armelle Guiraud; Ms. Martine Novella and Mr Pierre Pedron. Ms. Favereau ; see of January 07, 2011 by the 7th House, or is not the person who delivered the judgment, but people who were not present the day of the hearing to: Mrs: beyond; and Becdelievre . (article 43) is first defined without reference to the oath (section 6) which provides yet certain ethical obligations. The Higher Council of the judiciary, the Council of State on use, allow to apprehend in a casuistic way what is meant by duties of the State of the judiciary : "Honour;" Delicacy; "or dignity" "The CCJE wished to stress the urgent need to safeguard the independence of the judges assumed that when considering the development of a declaration of ethical standards, it is based on two key principles: ( i) first, it should refer to the fundamental principles of ethics and assert that it is impossible to draw up an exhaustive list of prohibited the judge who would be previously defined behaviours; enacted principles should be instruments of self-regulation of the judges, i.e. General rules which are action guides. **** Also, although there is so much overlap that reciprocal effect, ethics should remain independent of the system of discipline of judges, in the sense that the ignorance of one of these principles should not be in itself a cause of implementation set of disciplinary, civil or criminal liability; then the principles of ethics should be the emanation of the judges themselves. they should be conceived as an instrument of self-regulation of the body, generated by itself, allowing the judiciary to gain legitimacy by the exercise of functions in generally accepted ethical standards. Wide consultation should be provided, possibly under the auspices of a person or a body referred to in "Paragraph 293, which could also have the task to explain and interpret the Declaration of principles of professional conduct". **** The Higher Council of the judiciary, in France, launches a reflection on the adoption of ethical standards. The last recommendation above is for the moment followed, since consultation is launched in the profession, with appointment of representatives of the judges in each court of appeal. For these reasons: We undertake legal proceedings for the following reasons: 1) Criminally blameworthy conduct which it has given rise to criminal prosecution. 2) Breach or professional failure who give rise to delays taken by the judges in the performance of their missions through the use of their functions for private purposes, to the behaviour of a lack of impartiality. The State professional failures are some serious, repeated, are of a disciplinary nature. 3) I request that all orders are lifted. 4) All of our children, we are rendered: "Clear;" Marie-Laure; Clara; Christophe; Charles; Louis; "Amélie and Christian Lorentz" 5) We ask that the leaders of the social assistance to Suresnes and the family Placement of Rambouillet child, be prosecuted for misappropriation of the truth, and manipulation. 6) We ask that each child who have been traumatized by this case, be compensated in the amount of EUR 150 000, by the State and EUR 60 000 for each child by the General Council of the 92. According to the Code of civil procedure: "as it is said in article 75 of the Act No. 91-647 of 10 July 1991," We are seeking an allowance to the section 700 of the Code of civil procedure. And this is only fair.