Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering Decree No. 87-389 of 5 June 1987 on the organization of the modified central administration services;
Vu le Decree No. 92-604 of 1 July 1992 the charter of deconcentration;
Considering the advice of the Central Joint Technical Committee of the Ministry of Justice of 16 April 2008;
Considering the advice of the Department of Justice's Departmental Joint Technical Committee of April 23, 2008,
Decrete:
The central administration of the Department of Justice includes, in addition to the Office of the Cabinet and the Minister's Spokesperson:
the General Secretariat;
- the direction of judicial services;
- the direction of civil affairs and the seal;
- the direction of criminal affairs and graces;
- the direction of the prison administration;
– the youth judicial protection management.
The security guard, Minister of Justice, is also assisted by the Inspector General of Judicial Services.
The Secretary General assists the Minister, in liaison with the Directorates, in the definition and implementation of the Department's modernization strategy, territorial organization and human resources management policy. He is responsible for the Department's defence and security missions. He is responsible for the human resources and financial affairs of the Ministry of Justice. In these areas, he represents the Minister in the relevant interdepartmental bodies. He is assisted by an Assistant Secretary General, Director.
The General Secretariat coordinates activities involving several branches. It ensures the synthesis of cross-cutting strategic records and documents.
The General Secretariat organizes and coordinates the work of the justice mission programme managers and prepares departmental budgetary arbitrations. It ensures the harmonization of human resources management policy within the Department of Justice. It defines and implements the policy of senior management.
It implements the IT and information and communication technology policy within the department and provides support to the departments in real estate investment operations, including on behalf of judicial services. It designs and coordinates actions aimed at the statistical information of the department and monitors the litigation of the Ministry of Justice.
It is responsible for European and international cooperation activities and supports the relevant branches in the negotiation of international agreements.
It implements departmental policies for access to law and justice and assistance to victims.
It develops and implements the communications policy of the Ministry of Justice.
He is responsible for the department's research and study policy.
The Judicial Services Branch regulates the organization and operation of the judicial public service.
As such, she:
∙ develop the statutes of judges and judicial officials;
- ensures recruitment, training, employment and human resources management;
― regulates and controls the activity of persons directly involved in the exercise of judicial functions;
― participates in the development of draft laws or regulations affecting the organization and judicial functioning;
∙ develop the texts of the creation or suppression, organization and operation of the courts of the judiciary;
– identifies strategic and operational objectives, defines operational and equipment needs, distributes resources and means among the various functional or territorial officials.
The Civil Affairs and Seal Directorate:
― Develop bills and regulations in all matters that do not fall within the special jurisdiction of another branch;
― fulfils the role of private law council of other public administrations;
― animates and controls the work of the Public Prosecutor's Office in civil matters and follows the formation of jurisprudence;
∙ exercises the powers vested in the Chancellery in the matter of nationality and seal and in the regulation and control of the judicial professions other than the magistrates and staff of the registry offices and the legal professions;
- ensures the implementation of international conventions on mutual legal assistance and, by involving the general secretariat, conducts European and international negotiations relevant to private law legislation;
― contributes, in conjunction with the General Secretariat, to the application of other international conventions and European law.
The Directorate of Criminal and Grace Affairs exercises the powers of the Ministry of Justice in criminal matters.
As such, she:
― develops law and regulation in law enforcement and examines, in conjunction with the relevant departmental departments, all draft standards with criminal provisions;
- conducts, by involving the general secretariat, European and international negotiations on repressive matters;
- prepares general public action instructions, coordinates and evaluates their implementation;
― controls the exercise of public action by public prosecutors and prosecutors;
― instructs recourse in grace and prepares amnesty measures;
- ensures the implementation of international conventions on mutual legal assistance;
― ensures the operation of the national criminal record, which is placed under the authority of the director.
The Directorate of the Penitentiary Administration ensures the execution of judicial decisions concerning persons subject to a restrictive or custodial measure. In an effort to prevent recidivism, it is responsible for the persons entrusted to it under these measures, on the one hand by preparing them for their release, and on the other hand by monitoring measures and penalties carried out in the free environment.
As such she:
― develops and implements policies aimed at ensuring the safety of its agents, as well as the persons entrusted to it and the buildings under its responsibility. It organizes the management of detentions. It implements a capacity of expertise and intelligence on the lives of institutions and services and deals with the resulting events;
―with the assistance of competent administrations and associations, develops and implements social policies and professional integration in order to encourage the reintegration of persons placed in the hands of justice. It participates, in conjunction with the relevant branches, in the development of standards relating to the enforcement of judicial decisions. It develops the rules applicable to the public prison service;
∙ distributes the budgetary resources necessary for their operation among the decicent services. It animates management control. It provides real estate programming and implements with the assistance of the public agency for the real estate of justice (APIJ) the policy in this field. It defines its information systems needs;
― in conjunction with the General Secretariat, defines and leads the human resources policy for the benefit of the deconcentrated services and develops the statutory rules applicable to the bodies specific to the prison administration. It develops predictive management tools. It provides an individualized follow-up to careers. It ensures the guardianship of the National School of Prison Administration (ENAP);
― evaluates the performance of deconcentrated services and the National School of Prison Administration (ENAP). She gives them advice and expertise. It is responsible for the ethics of prison officials.
The Youth Judicial Protection Directorate is responsible, within the framework of the Ministry of Justice's jurisdiction, for all matters relating to juvenile justice and for the dialogue among the institutions involved in this area.
As such, she:
- in conjunction with the relevant branches, designs the norms and frameworks for the organization of juvenile justice;
― ensures, directly or by its authorized associative sector, assistance to decisions of the judicial authority;
― provides direct care for juveniles in the services and institutions of the State;
― ensures to the judicial authority, through control, audit and evaluation, the quality of aid to decisions and the quality of care regardless of the status of the services and institutions requested;
― in conjunction with the General Secretariat, defines and leads the human resources policy for the benefit of the staff of the deconcentrated services and develops the statutory rules applicable to bodies specific to the judicial protection of youth. It develops predictive management tools. It provides an individualized follow-up to careers. It leads the training policy implemented by the National School of Judicial Protection of Youth (ENPJJ);
– identifies strategic and operational objectives, defines operational and equipment needs, distributes resources and means among the various functional and territorial managers.
The Inspector General of the Judicial Services carries out inspection duties on all agencies and services under seal custody.
To this end, he shall submit to the security guard, after the advice of the Secretary General and the directors, the objectives and general programmes of the inspection missions.
He directs the activity of the magistrates delegated by the Seal Guard for inspection missions pursuant to Article 18 of amended Decree No. 58-1281 of 22 December 1958, coordinates the inspections of the heads of court under Article 17 of the same decree and centralizes the operation of inspection reports.
It has an inspection mission secretariat.
This Order will come into force as of 1 September 2008.
The Decree No. 64-754 of 25 July 1964is repealed.
The Minister of Justice and the Minister of Budget, Public Accounts and the Public Service are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, 9 July 2008.
François Fillon
By the Prime Minister:
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
