Is this the first sarko-controversy of 2009? Wednesday, for the start ceremony of the Court of Cassation, Nicolas Sarkozy is expected to sound the hallal the magistrate, saying that the time has come to bear the blow. Often decried always feared, "the most powerful man in France" is now disputed. But not necessarily for good reasons.

A minority of judges, isolated and symbolizing the wanderings of the institution

A minority of instruction affairesà According to statistics from the Federal Chancellery in 2006, prosecutors have had to deal with 4 953 065 criminal cases. Of these, only 1 526 396 were "prosecuted" and finally, they are only 30 566 to finish in the office of a magistrate. Is just 2%. This is the tip of the iceberg judicial policies that dream of it. As the site of this ministry, the judge is the judge of business "complex":

"In criminal proceedings, the judge is a judge dinstruction to collect all the elements of an offense for the possible trial of its author. It must be seized when a crime is committed and often for serious crimes and complex .

In reality, they are few for the job: 649 on the 8300 judges of the institution. They are also very isolated. By function, the judge is free to conduct the necessary investigations to the "manifestation of the truth, even if its work throughout the world to forget in this debate is still regulated and controlled.

Since the Outreau case, the debate revolves around the limitations and advantages of this judge to investigate "to charge and discharge." But the committee have dissected the case has never thought to call for its abolition. For the Union of Magistrates (USM), the main union of the judiciary, the idea is "shameful" because it is primarily a fantasy of old politicians. "It would be a major democratic regression and we will oppose them," says its president Christophe Regnard. (Listen to the sound)

The challenge is not small, because the judges now handle the most severe cases:

* All crimes without exception.

* The most serious offenses in the financial, narcotics, terrorism ...

* Not to mention all the cases involving the authority of the state: public health, environmental issues, public finance, political corruption.

In these circumstances, difficult to imagine that the political renounce the temptation of using the courts. Christophe Regnard. (Listen to the sound)

An initiative of the President of the Republic on this topic is all the more astonishing that the Commission Léger, responsible for reforming the criminal proceedings, must make its report in June. Unless Nicolas Sarkozy has decided to bypass the initiative of Rachida Dati.

Weaknesses identified, but a consensus to save the instruction

A controlled travailétroitement Contrary to popular belief, the judge does not work without a net.

Its framework (the indictment) is determined by the public prosecutor who is also the possibility of extending (Supplementary Submission) or not.

His work can be challenged by defense lawyers before the Board of instruction (three judges) to validate or reject the actions of the judge.

It can also be removed by the House in favor of another jurisdiction or another magistrat.Si many professionals reject the idea of removing the judge, its weaknesses were pointed by the same partners. The former Minister of Justice, the lawyer Pascal Clement, had recalled in his hearing by the commission Outreau:

* "In matters of custody or respect for the presumption of innocence, we have considerable progress to be done," recalled the elected UMP, anticipating the objections in the case pointed Vittorio de Filippis

* To counter the solitude of the judge, multiply co-referrals and "consolidate the court of the town all the judges of this department, reform implementation by Rachida Dati with the poles of the instruction

* Pascal Clement also envisaged the possibility for individuals to be able to enter the Supreme Council of Magistracy (CSM), disciplinary body, "after a screening by a third party" could be the Ombudsman

* Finally, the then Minister of Justice emphasized its commitment to the French system: "Our system is actually the most egalitarian of all. It provides a survey of the same quality and same neutrality regardless of income level or the social position of the parties involved. "

This is one of the strongest criticisms addressed to the tenants of the adversarial system to the Anglo-Saxon delete the magistrate would promote a two-speed justice. "And with a prosecutor who will never be independent in France," added the president of the USM. (Listen to the sound)

Nicolas Sarkozy dare he crossed the Rubicon? What proposal?