REFERRAL Higher Council of the judiciary

Higher Council of the judiciary

20, avenue de Ségur

75007 Paris

REFERRAL

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 A Mr the magistrate

1.Formal admissibility under sections 1031-1 and 1031-2 of the code of civil procedure

2.The consistency of the interpretation of the texts governing the magistrate occupation

3 Admissibility with regard to article l. 441 - 1 of the code of judicial organization

4 Denial of justice

5 We ask according to article 341-4 of the code of procedure, civil, and article 47 and article 97 of the code of civil procedure, the top time of our record, and challenge of the magistrate.

QPC articles 6 and 16 as involving a process must be fair and equitable and ensure the balance of the rights of the parties ;

S. 61 1 Of the CONSTITUTION FRANCAISE, first paragraph

"When, on the occasion of a case pending before a court, it is argued that a statutory provision violates the rights and freedoms guaranteed by the Constitution, the Constitutional Council can be seized of this question on reference of the Council of State or the Court of Cassation pronounces within a specified period.".

REMINDER

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.

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With regard to the rules of the civil law applied to the magistrate in the exercise of his judicial activity, it should be noted that civil liability may be sought in the action for recovery of the State whose responsibility would have been committed following a

defective operation 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. »

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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.

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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."

By the decision of May 11, 2010, the Criminal Chamber recognizes that single infringement of the rights of the defence, in this case of the principle of equality of arms, is likely to lead to the nullity of the Criminal Procedure Article 6 of the European Convention of human - right to a fair trial rights

« 1 . Any person has the right to that his case be heard fairly, publicly and in a reasonable time, by an independent and impartial tribunal, established by the Act, which will decide, or challenges about its rights and obligations civil or the merits of any charge in criminal proceedings against it. The judgment should be made public, but access to the courtroom may be prohibited to the press and to the public during all or part of the trial in the interests of morality, public order or national security in a democratic society, where the interests of juveniles or the protection of the privacy of the parties to the trial so require, or to the extent strictly required by the tribunal, when advertising in special circumstances would be deemed detrimental to the interests of justice

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.

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The disciplinary of Nanterre and judges of the Court of appeal of Versailles of the 7^th Special Chamber of minors: Mrs. Armelle Guiraud; Ms. Martine Novella and Mr Pierre Pedron. Ms. Favereau ; see of January 07, 2011 by the 7^th 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.

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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 designed 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".

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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.

Judges have knowingly developed Parties at trial "custodial services" position of strength, to the detriment of another party, the parents.

In such conditions created by the judges of Mrs Guiraud children; Novella and Mr Pedron, debates may not be impartial.

"It is essential that judges of the children forget not their roles as counterforce to the intervention of social services: their roles as guarantor of individual freedoms."

The debates conducted only by judges of the children Mrs Guiraud, and Novella, and Mr Pedron, without the presence of the parents, and only the presence of social assistance to children in these hearings. Have not respected article 388-1 of the civil code, or meets the requirements of article 6 §1 of the European convention for the protection of fundamental freedoms and human rights.

Such findings demonstrate the failure of judges, and the denial of them.

Such processes of manipulation on children are filthy, and only a totally impartial magistrate of the parties.

For these reasons:

We undertake legal proceedings for the following reasons:

1) Criminally blameworthy conduct which it has given rise to criminal prosecution.

2)

3) 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.

4) I request that all orders are lifted.

5) All of our children, we are rendered: "Clear;" Marie-Laure; Clara; Christophe; Charles; Louis; "Amélie and Christian Lorentz"

6) 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.

7) 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.

8) -for the visa of articles 341 of the code of civil procedure and 6 § 1 of the Convention for the protection of the rights of man and fundamental freedoms, the finding of the causes for disqualification of judges and the invalidity of the decision of these last for impartiality

9) We ask that articles 47 and 97 of the civil procedure code, are respected.

10) That articles 341-4 of the CPC; Västberga-1 of the code of judicial organization and article 226-13 for breach of professional secrecy, indeed the children Ms. Guiraud and Ms. Novella judges were disclosed on a site: "justice.cloppy.net", elements of the judicial record, (see the records to the public prosecutor of Nanterre).

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 compensation for under article 700 of the Code of civil procedure.

And this is only fair.

For information this is 1009 Days That is ME motion in chambers any visit to the PARENT despite the judgments of the Court of appeal of Versailles