BONAPARTIST MOVEMENT – UNION OF THE FRENCH PEOPLE
« [The Emperor] says that it is clear from the discussion that we feel the need to bring justice closer to litigants. That France is the country where district courts are the least numerous. To put distance between justice and the people is to assault property. It would be better to give the people mediocre judges than to not give them enough ».
To the Council of State, session of the 27th of February 1810.
« [The Emperor says that] the guarantee of civil liberty is essentially in the tribunals ; that opulence gives access to administration, but that the tribunals are open to everyone. [He says] that a petitioner begins by flattering the authorities ; he asks for justice as one solicits a favour. The pleader speaks with the firmness of a man who exercises his rights and who lays claim to justice as a debt ».
Minutes of the Council of State, session of the 9th of July 1811.
On the occasion of the 213th anniversary of the promulgation of the Code Napoleon, Civil Code of the French, the Bonapartist Movement and the Union of the French People demand, by the present open letter, the acting of the following measures –
- The re-opening of the tribunals closed during the presidency of Nicolas Sarkozy.
- Recruiting of sufficient personnel to remedy the current delays in treating cases, the consequence of the gap between the needs of litigants and the current means of the judicial system.
- A reform of the map of the judiciary to ensure a district court in every town possessing an under-prefecture or a palace of justice, or a given number of inhabitants.
- Reinforcement and recruitment in order to ensure personalised monitoring of prisoners via the SPIP (Department of Penitentiary Integration and Probation).
- Abolition of the tax stamp imposed upon litigants in order to gain access to the law.
- Access to the minutes of inquiry established during hearings or in custody for defence lawyers.
In order to associate litigants, the governed and taxpayers more closely with the spending in their municipality and their département, we demand a national referendum on the raising of means, monetary and in personnel, of justice, that we have proposed. If approved, by virtue of a second question submitted to the people by the same occasion, any magistrate or elected representative sentenced in a criminal case would be subjected to a supplementary fine equivalent to 200% of that habitually required by the law, and which would be paid to the ministry of Justice. This disposition would equally be inscribed in the Penal Code. In conformity with our annual call of the 15th and 16th of September for the anniversary of the Accounts Court, we equally ask that the use of public money be more strictly controlled, and that an appropriate share of the money saved by the suppression of unnecessary spending be dedicated to justice.
What are the principles established by the Emperor, and which his successors have the duty to enforce, in the field of Justice ?
« M. le comte Treilhard, by order of His Majesty, and in the name of the section for Legislation, presents a new draft of the proposition, in the following terms –
« Napoleon, etc.
When we re-established the law schools by the law of the 22nd of Ventôse Year XII*, we had particularly in mind to restore to the profession of lawyer its former luster ; we ordered, to this effect, the creation of a faculty of lawyers, a means that experience had shown to be one of the most apt to maintain the integrity, tact, disinterestedness, desire for conciliation, love of the truth and of justice, an enlightened zeal for the weak and the oppressed, essential foundations of their vocation […] ».
Session of the Council of State of the 31st of July 1810.
*13th of March 1804.