The Philosophy of the 'Connerotte Judgment'

Benoit Frydman analyzes the philosophical foundations of the Connerotte decision, in which Belgium's Court of Cassation disqualified a judge from the Dutroux investigation. The author challenges the criticism that the court merely applied the law mechanically, demonstrating instead that it grounded its decision on fundamental principles of democratic justice—particularly judicial impartiality and the right to a fair trial—rather than on explicit legal text. Frydman argues that the court's interpretation reflects a procedural conception of justice based on discussion ethics, requiring not only an impartial judge but also one properly informed; consequently, the court should have heard the victims before pronouncing the disqualification, as procedural principles demand that all parties be given access to the hearing and the opportunity to present their arguments.