Some of the issues support there where it is evil

Some of the issues support there where it is evil. This is the case the recruitment and initial training of judges, especially since the scandal of Outreau. The parliamentary inquiry commission, set up to analyse the conduct of "case", had not failed to note the inexperience of j. Burgaud, "out of school" at the trial of Saint-Omer, in 2004. It had proposed the final separation of the careers of magistrates of the seat (those who learn and feel) and the Prosecutor's Office (supporting the charge).

However, nothing in the Act, reform of the justice Pascal Clément will present in September should be on the renovation of the national judicial college, even if the site was opened this summer, and that proposals should be made to the re-entry, promises is the Ministry of Justice. Among them, greater openness to the justice professionals. In the meantime, there France a "uniformity of the judicial body" and a "lack of experience of most of the judges newly appointed", can be read in a legal study that the Senate has just published. A study that proposes to go and see in our European neighbors how judges are recruited and trained.

France: homogeneity of the judiciary and lack of experience

Most of the French magistrates (2006 figures) 8.271 followed the formation of the Ecole nationale de la magistrature (ENM) as listeners of justice. Three competitions allow to enter the ENM: external (to the bac 4, less than 27 years), internal (for civil servants at least four years, 40 years) and a competition reserved for candidates of less than 40 years for eight years of professional activity. Receipts are training of 31 months, using alternating courses and internships. Despite the desire to diversify recruitment by multiplying competitions open to professionals (complementary competitions, recruitment on title, direct integration), the first competition remains the main route of access to the judiciary: 80 of new appointed judges in 2005 were former listeners of justice, and most were entered by the first competition, under the age of 27.

Belgium, Spain, Italy, Portugal: a comparable system

These four countries judges are recruited on competition, on criteria essentially academics. Their initial training combines the practice and theory (it lasts between 18 months and three years, depending on the country). With the exception of the Spain, these countries have established rules that prevent young graduates in law to enter too quickly on the bench after the end of their studies in law. In Belgium, for example, the competition is open to law graduates with experience of at least a year, and the Portugal, licensees in law for at least two years. In these four countries, access to the judiciary is also open to lawyers experienced through specific channels.

Germany: a long and unique training

All members of the legal professions follow the same training. The judges are recruited among the students who have obtained the best results in the final exam. Even if the training differs a little from one Land to another, it lasts at least four years at the University, followed by two years of probation. Once recruited, judges follow a "probationary period" of at least three years.

England, Wales: professional criteria

The professional judges are few and are chosen from the more experienced counsel. Minimum experience is set by the Act between seven and fifteen years according to the post, but in practice, judges are chosen from among practitioners with at least twenty years of experience.

Netherlands: Professional and personal criteria

Two ways to access the judiciary: a reserved for graduates in law school, other lawyers of less than six years of experience (majority today). All are selected by a panel of legal professionals on less academic criteria that professional and personal (personality tests, interviews of motivation, etc.), training is then six years (four years, two of course).