Décision judiciaire de Tribunal des Conflits, 8 février 2021 (cas Tribunal des Conflits, , 08/02/2021, C4202, Publié au recueil Lebon)
Date de Résolution | 8 février 2021 |
Juridiction | Tribunal des conflits |
Vu, enregistré le 25 novembre 2020, le mémoire du ministre de la justice, tendant à ce que la juridiction judiciaire soit déclarée compétente par les motifs que les orientations définies par l'arrêté du 18 août 2016 sont susceptibles d'influer sur le déroulement d'une procédure judiciaire et qu'elles ont trait à la fonction juridictionnelle ;
Vu, enregistré le 1er février 2021, le mémoire du Syndicat des avocats de France, tendant à ce que la juridiction administrative soit déclarée compétente par les motifs que la décision contestée est une décision générale d'organisation ;
Vu les autres pièces du dossier ;
Vu la loi des 16-24 août 1790 et le décret du 16 fructidor an III ;
Vu la loi du 24 mai 1872 ;
Vu le décret n° 2015-233 du 27 février 2015 ;
Vu le code de procédure pénale ;
Après avoir entendu en séance publique :
- le rapport de Mme A..., membre du Tribunal,
- les observations de la SCP Thouvenin, Coudray, Grévy pour le syndicat des avocats de France,
- les conclusions de Mme Bokdam-Tognetti, rapporteur public ;
Considérant ce qui suit :
1. Le 18 août 2016, le garde des sceaux, ministre de la justice, a pris un arrêté portant approbation de la politique ministérielle de défense et de sécurité au sein du ministère de la justice, publié au bulletin officiel du ministère de la justice le 31 août 2016. Le titre 5 de l'arrêté est consacré à la mise en place, au sein des palais de justice, de zones différenciées avec des mesures de sécurité adaptées en fonction de ces zones (zones publiques, zones à accès restreint, zones pour les détenus). Il comporte un article 5.1.3.2.6 ainsi rédigé : 5.1.3.2.6 Le box sécurisé des salles d'audience. Les box sécurisés en salles d'audiences sont des espaces fermés destinés à accueillir les prévenus retenus sous escorte. Deux types de sécurisation du...
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