By Raphaël MORENON
5 April 2025
In 2017, an investigating judge was reprimanded by the Conseil Supérieur de la Magistrature for serious malfunctions in the Outreau case. This rare decision illustrates the complex issue of the responsibility of judges. Our system distinguishes between the responsibility of the State and that of the judge himself. This distinction determines the remedies available to you. Civil liability of professional judges No direct action against the judge You cannot take direct action against a professional judge. This rule protects judicial independence from potential pressure from disgruntled litigants. The old system of taking direct action against a judge has been abolished for professional judges. Case law confirms this unambiguously (Civ. 1re, 5 March 1980). Your action must be aimed at the State, which alone is directly liable to you in the event of a malfunction in the public service of justice. The restrictive concept of personal misconduct A magistrate's personal misconduct is distinct from...
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