In their speeches, during the re-entry hearing of the Bastia Court of Appeal, the first president, François Rachou, and the attorney general, Jean-Jacques Fagni, insisted on this point. They consider that the means, in particular human resources, allocated to justice are insufficient
The formal back-to-school audience, of the Bastia Court of Appeal*, devoted to the assessment of the past year, was largely articulated around the question of the means granted to justice.
During his speech before the constituted bodies, the first president, Francois Rachou, returned to the forum which, published on November 25 in The world, points to a managerial approach to justice and a dilemma: “To judge quickly but badly or to judge well but within unacceptable delays”. Signed by more than 7,500 magistrates, clerks and lawyers, this manifesto, ” born of a tragic event – the suicide of a young colleague – which takes on a particular character here, the latter having completed her traineeship as a justice auditor in Bastia”, gave rise to a strong mobilization across France.
According to the first president of the Bastia Court of Appeal, “this crisis is old” and can be explained mainly by “lack of regard for justice and those who serve it” and by “the pace of reforms which is intensifying and this, without a significant and concomitant increase in resources commensurate with the new tasks”.
Certainly, “means have been given” but they “remain insufficient”. He takes the example in Corsica of the number of posts that were vacant on 1is January: nineteen in the registries of the judicial courts. 14 contractors, it is true, he observes, have been hired. Recruitments, in particular of magistrates and clerks, are announced “but it takes time when the needs are urgent ».
This observation calls for a reaction “because our very mission requires it”, says François Rachou. This requires, he says, “devoting oneself to the essentials by defining priorities and mobilizing the means made available” and at the same time, “to reflect on the changes that the judicial institution must undergo in order to define a clear project for its future” by addressing issues such as the development of a tool for evaluating the workload of magistrates, the place of digital technology, “the establishment of a five-year plan providing human and material resources to meet the legitimate expectations of the litigant”.
“Fast and slow sugars”
The Attorney General, Jean-Jacques Fagni, underlined, on the subject of the law for confidence in the judicial institution adopted very recently, that “this new reform, which takes place without the implementation of the previous one being consolidated, raises questions about how many warning messages about the difficulties on the ground are listened to” in front of « l’inflation » texts to apply, “with constant means and often in an emergency”. As for the organization of the estates general of justice, according to him, it “only partially met expectations” because these “are the result of many years of frustration and disillusionment”.
Jean-Jacques Fagni notes that “significant efforts have been made, particularly over the past two years, in terms of budget and human resources” most “the account is not really there since we are still in the back pack of European justice”. Those “fast sugars” have “have been appreciated by the jurisdictions that have benefited from it in the context of local justice or the fight against domestic violence, but these are precarious contractual jobs”, however, like a sportsman, justice has also “a cruel need for slow sugars which requires the recruitment of significant contingents of clerks and magistrates”.
“This permanent pressure to which our justice system and its staff are subject and the lack of resources led to the unprecedented mobilization at the end of 2021. We must respond to the strong concerns it highlights, each our level of responsibility. » The responsibility of the heads of courts and jurisdictions, continues the Attorney General, “is to listen, and to ensure with the means at their disposal, a management that takes into account the quality of life at work, without neglecting the rendering of diligent and quality justice. It is also to demand the means necessary for the proper administration of justice. in particular by relaying “the difficulties, questions, and sometimes suffering, expressed by our colleagues and by the transplant staff”.
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With and prospects
In civil matters, the Bastia Court of Appeal recorded 1,414 new cases last year and ruled on 1,587. The stock (1,491 cases) fell by 15.4%. In criminal matters, the correctional chamber received 239 new cases and issued 221 judgments (209 procedures are in stock). “The court has increased its ability to judge and rejuvenated the age of its stocks” and the rate of cassation was 15.79% when it was around 29% in 2020, rejoices François Rachou. “It’s the result of a collective effort.”
Despite the pandemic, “the operation of our courts returned to an almost normal course in 2021”, says Jean-Jacques Fagni. “The commitment of civil servants and magistrates has contributed to this judicial production despite delicate, even degraded, conditions.”
The public prosecutor’s office has endeavored to adapt the available resources as well as possible to the challenges of criminal policy, in particular the fight against domestic violence. “In another sensitive area”, the regional environmental center of Bastia was brought to the baptismal font last week, its mission is to repress the most serious attacks on the environment.
The court also welcomed a new magistrate, Catherine Levy, general counsel.
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