The reform of criminal justice in France: the problem of the balance between the formalism of fundamental rights and efficiency

Authors

  • Nataşa Danelciuc-Colodrovschi Aix Marseille University, University of Toulon, University of Pau & Pays Adour, CNRS, DICE, ILF, Aix-en-Provence, France

Keywords:

criminal justice, juvenile criminal justice, alternative responses to prosecution, recidivism, fundamental rights, procedural requirements, right to a fair trial, rights of the defence, constitutional control

Abstract

This article aims to study the recent reforms that have been implemented in France in order to remedy the systemic problems the justice system is facing and to fight effectively against criminality. Even if considered necessary, these reforms are strongly criticised because they would be more focused on managerial questions of cost control, efficiency, work performance than that of the official objectives declared by the government and, especially, the respect of fundamental rights. The study of the key points of the introduced changes shows that the criticisms are not completely unfounded and highlights the role of the constitutional judges in maintaining the fragile balances between cultural heritage, the search for performance and ensuring both security and the rule of law.

Author Biography

  • Nataşa Danelciuc-Colodrovschi, Aix Marseille University, University of Toulon, University of Pau & Pays Adour, CNRS, DICE, ILF, Aix-en-Provence, France

    doctor of science (public law); assistant researcher

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Published

2021-09-20

Issue

No. 2 (2021): Journal of the Belarusian State University. Law

Section

Constitutional Law and Administrative Law

How to Cite

[1]
Danelciuc-Colodrovschi, .N. 2021. The reform of criminal justice in France: the problem of the balance between the formalism of fundamental rights and efficiency. Journal of the Belarusian State University. Law. 2 (Sep. 2021), 77–86.