Death of Nicole Maestracci, magistrate, former member of Constitutional Council

Advisor of two seal guards, the first president of the Rouen Court of Appeal, she had been appointed to the Council in 2013. She died on April 7 at the age of 71.

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Struck by the disease, Nicole Maestracci continued to honor his mandate as a member of the Constitutional Council until the end of March 13, despite rare absences for his treatment. She died on April 7, in Paris, at the age of 71 years. “Very attached to the independence of justice, invested in the heart of civil society, it has contributed to wearing new themes, ensuring the promotion and strengthening the place of the magistrate in the heart of the city,” said the custody of the Seals, Eric Dupond-Moretti, in a statement announcing his death.

With an eternal smile and a voice so sweet that we had to make an effort to hear it, this judicial magistrate initiated on the left wearing the values ​​of justice. Nicole Maestracci had a lucid look at the judicial institution, his weaknesses and his stakes. Convinced of the necessity for the justice to confront university research, it had been charged in 2012 by Christiane Taubira, then Minister of Justice, to organize the “Consensus Conference on Recidivism Prevention”, bringing together practitioners, academics and civil society.

At the Constitutional Council, where it is appointed by François Hollande in 2013 for a nine-year term, she remained animated by this desire to confront each other. It has generated and organized the important university research work that has been produced on the ten years of the priority constitutionality issue (QPC) celebrated in 2020.

“Take an interest in human stakes “

Its intellectual independence is found in the balance sheet it has made its years in the institution of Montpensier Street. On-line on the site of the Constitutional Council, this text focuses in particular on its composition, “subject of recurrent criticism”.

The magistrate gives his conception of what must be a “good judge”, who can not be content with being a “good lawyer”. “It must also and above all have a good understanding of the world in which it exercises its office. It must understand the complexity of individual and collective human behaviors and take an interest in the human, economic and social issues of its decisions. We must finally have that It goes beyond the question asked to measure the effects of its decisions on future litigation, “writes Nicole Maestracci.

His career testifies to this permanent quest, alternating jurisdictional functions and detachments in administration. Born on February 13, 1951, in Paris, she is a lawyer for three years before joining the National School of the Judiciary. She starts her career in justice in Melun in 1979 as a children’s judge. Committed to the Judiciary Union, it joins the central administration of the Ministry in 1984, before being adviser to the guards of Pierre Arpaillage and Henri Nallet under the governments of Michel Rocard and Edith Cresson from 1988 to 1992.

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/Media reports.