Table 1
On the comparison of French courts.
| Autonomy in budget decision-making | Budget adoption by Parliament | Decision-making dialogue with political powers | Decision-making dialogue with Manager | Autonomy in budget execution | Execution dialogue with Manager | No budget regulation | Accountability vis-à-vis political powers and/or Manager | ||
|---|---|---|---|---|---|---|---|---|---|
| Constitutional Court | ✓ | ✓ | ✓ | ✓ | |||||
| General Administrative Courts | Council of State | ✓ | ✓ | ✓ | ✓ | ✓ | |||
| Administrative Appeal Courts | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Administrative Tribunals | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Financial Courts | Court of Auditors | ✓ | ✓ | ✓ | ✓ | ✓ | |||
| Local Financial Courts | ✓ | ✓ | ✓ | ✓ | ✓ | ||||
| Ordinary Courts | Court of Cassation | ✓ | ✓ | ✓ | ✓ | ||||
| Appeal Courts | ✓ | ✓* | ✓ | ||||||
| Tribunals of First Instance | ✓ | ✓ | |||||||
| High Council of the Judiciary | ✓ | ✓** | ✓ | ✓ | ✓ | ✓ | |||
[i] * Only for the ten courts of appeal in charge of a BOP.
** The General Secretary of the Council negotiates her or his budget at the Ministry of the Budget accompanied by the General Secretariat of the Ministry of Justice.
Table 2
Comparing the current situation of the ordinary courts and the CSM against the main proposals of the Bouvier Report.
| Public power status | Common budget with prison administration | Decision-making dialogue with political powers | Decision-making dialogue with Manager | Budget regulation | Own resources | Advice on budget adoption and implementation | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Current situation | Bouvier Report proposal | ||||||||||||||
| Ordinary Courts | Court of Cassation | ✗ | ✗ | ✓ | ✗ | ✗ | ✓ | ✓ | ✗ | ✓ | ✗ | ✗ | ✓ | ✗ | ✗ |
| Appeal Courts | ✗ | ✗ | ✓ | ✗ | ✗ | ✗ | ✓** | ✓*** | ✓ | ✗ | ✗ | ✓ | ✗ | ✗ | |
| Tribunals of First Instance | ✗ | ✗ | ✓ | ✗ | ✗ | ✗ | ✗ | ✓*** | ✓ | ✗ | ✗ | ✓ | ✗ | ✗ | |
| High Council of the Judiciary | ✗ | ✓ | ✓ | ✗ | ✗ | ✓* | ✓ | ✗ | ✗ | ✗ | ✗ | ✗ | ✗ | ✓ | |
[i] * If the CSM was part of the new Judicial Justice mission, including the appropriations of the ordinary courts and excluding those of the prison administration. If it were to obtain the status of a public power, it would be exempt from this dialogue, as is the Constitutional Council.
** Only for the ten courts of appeal in charge of a BOP.
*** Between the Ministry of Justice and the conferences of heads of courts and tribunals.
