26
MORICE v. FRANCE JUDGMENT
connection with two judicial investigations in particularly high-profile
cases: the Borrel case, in the context of which the applicant’s impugned
remarks had been made, and the “Scientology” case, which had given rise to
the remarks by J.M. It further notes, like the Chamber, that Judge M. was
already conducting the investigation in the Borrel case, with its significant
media coverage and political repercussions, when J.M. publicly expressed
his support for her in the context of the “Scientology” case (see also
paragraph 29 above). As emphasised by the Chamber, J.M. had then
expressed his view in an official setting, at the general meeting of judges of
the Paris tribunal de grande instance.
85. The Court further observes that the applicant, who in both cases was
the lawyer acting for civil parties who criticised the work of Judge M., was
subsequently convicted on the basis of a complaint by the latter:
accordingly, the professional conflict took on the appearance of a personal
conflict, as Judge M. had applied to the domestic courts seeking redress for
damage stemming from an offence that she accused the applicant of having
committed.
86. The Court would further emphasise, on that point, that the judgment
of the Court of Appeal to which the case had been remitted itself expressly
established a connection between the applicant’s remarks in the proceedings
in question and the “Scientology” case, concluding that this suggested, on
the part of the applicant, an “ex post facto settling of scores” and personal
animosity towards Judge M., “with whom he had been in conflict in various
cases” (see paragraph 50 above).
87. It was precisely that judgment of the Court of Appeal which the
applicant appealed against on points of law and which was examined by the
bench of the Criminal Division of the Court of Cassation on which
Judge J.M. sat. The Court does not agree with the Government’s argument
to the effect that this situation does not raise any difficulty, since an appeal
on points of law is an extraordinary remedy and the review by the Court of
Cassation is limited solely to the observance of the law.
88. In its case-law the Court has emphasised the crucial role of cassation
proceedings, which form a special stage of the criminal proceedings with
potentially decisive consequences for the accused, as in the present case,
because if the case had been quashed it could have been remitted to a
different court of appeal for a fresh examination of both the facts and the
law. As the Court has stated on many occasions, Article 6 § 1 of the
Convention does not compel the Contracting States to set up courts of
appeal or of cassation, but a State which does institute such courts is
required to ensure that persons having access to the law enjoy before such
courts the fundamental guarantees in Article 6 (see, among other authorities,
Delcourt v. Belgium, 17 January 1970, § 25, Series A no. 11; Omar v.
France, 29 July 1998, § 41, Reports 1998-V; Guérin v. France, 29 July
1998, § 44, Reports 1998-V; and Louis v. France, no. 44301/02, § 27,