Videoconferences during trials can no longer be imposed on the Council of State, according to a decree published Thursday in the Official Journal. This decision rendered on August 4, has just been quashed the ordinance taken on November 18 by the government, which allowed “the use of a means of audiovisual telecommunication before all criminal courts without it being necessary to obtain the agreement of the parties”. “The decision of the Council of State does not call into question the court decisions rendered on the basis of this order. There is no retroactive action ”, specified the Ministry of Justice.
This measure, taken during the state of health emergency, authorized the use of “a means of audiovisual telecommunication before all criminal courts”, including assize courts, from pleadings and requisitions but not during legal proceedings. debates. However, the highest administrative court had already suspended it in mid-February, judging that it was “a serious and manifest violation of the rights of the defense”.
An ordinance deemed unconstitutional
Seized in addition, the Constitutional Council declared on June 4 this ordinance unconstitutional, judging that it infringed the rights of the defense which could not justify the particular health context resulting from the epidemic of Covid-19.
At the end of November, the Council of State had initially suspended the possibility of using videoconferencing at the meeting only, a controversial measure that the government had justified by explaining that justice had to “run” despite the epidemic of Covid-19. The Council of State was then again seized by the Syndicat des Avocats de France and the Syndicat de la magistrature (SAF, SM, classified on the left), the Association of Lawyers for the Defense of the Rights of Prisoners and the National Council bars so that its decision extends to other criminal jurisdictions.