5/21/2020
Decision no. 2001-445 DC of June 19, 2001 | Conseil constitutionnel
Decision no. 2001-445 DC
of 19 June 2001
Institutional Act concerning the statute of the Judiciary and the High Council of the Judiciary
(extracts)
(Extracts)
On 31 May 2001 the Constitutional Council received a referral from the Prime Minister, in accordance with Article 46
and the first paragraph of Article 61 of the Constitution, concerning the Institutional Act concerning the status of the
judiciary and the High Council of the Judiciary.
THE CONSTITUTIONAL COUNCIL,
Having regard to the Constitution;
Having regard to Ordinance 58-1067 of 7 November 1958 enacting the Institutional Act on the Constitutional
Council, as amended;
Having regard to Ordinance 58-1270 of 22 December 1958 enacting the Institutional Act governing the status of
the judiciary, as amended;
Having regard to Ordinance 59-2 of 2 January 1959 enacting the Institutional Act concerning Finance Acts, as
amended;
Having regard to Ordinance 94-100 of 5 February 1994 relating to the High Council of the Judiciary;
Having regard to the Act of 29 July 1881 on the freedom of the press;
Having regard to the Act of 30 December 1921 bringing closer civil servants who do not serve in a department but
are bound by marriage either to civil servants serving in the department or to people who reside there;
Having regard to the Code of Judicial Organisation;
Having regard to the Code of Criminal Procedure;
Having regard to Act 95-125 of 8 February 1995 relating to the organisation of the courts and to criminal, civil and
administrative procedure;
Having heard the rapporteur; On the following grounds:
1. The Institutional Act referred to the Constitutional Council consists of thirty-five sections grouped in four chapters;
2. The Institutional Act was enacted on the basis of the third paragraph of Article 64 of the Constitution and in the
compliance with the rules of procedure determined by Article 46;
https://www.conseil-constitutionnel.fr/en/decision/2001/2001445DC.htm
1/3