In the UK, the birthplace of parliamentary democracy, civil liberties are under threat from the Criminal Justice Act and the Police Bill.

However, in France the President of the Republic, Jacques Chirac, has recently announced plans for reform aimed at increasing public confidence in its judicial system and bolstering civil rights.France has an inquisitorial justice system which focuses more on the pursuit of truth than on the protection of rights.

This has led some observers to conclude that the defendant in a French court is presumed guilty until proven innocent.

Whilst this may be an exaggeration, many agree that the defendant is not helped by adverse press reporting which often implies guilt before the individual is brought to trial.

Furthermore, there is widespread public disenchantment with politicians as a result of a series of scandals involving political figures in which attempts to manipulate the judicial process have been alleged.

In addition the court system is slow, complicated and costly for many litigants.Mr Chirac recently announced on live television that a legal commission would be convened to consider the independence of the prosecution service, better protection for the right to be presumed innocent and simplification of legal procedures.The most controversial issue which the commission will consider is cutting the umbilical cord that links the prosecution service to the executive.

Montesquieu, a philosopher with a profound influence on the French revolution, declared, 'there is no freedom if the power to judge is not separated from the power of the legislature and the executive'.

However, in France a distrust of judges inherited from the abuses of power of the ancient regime has historically placed the judiciary under the control of the executive.

The independence and immovability of judges is counterbalanced by the subordination of prosecutors to the ministry which controls their careers.

In recent years attempts by French ministers, both conservative and socialist, to interfere in cases have been exposed.The second issue, the presumption of innocence, is a principle enshrined in the Declaration of Rights drafted in 1789 immediately after the French Revolution.

However, this basic right of the accused is increasingly under threat from media reporting.

Further, many lawyers consider that holding the suspect during the investigation, often for an inordinate length of time, undermines the principle of presumption of innocence.

The investigating judge, the prosecutor and the police must not reveal anything relating to the case.

However, this does not cover all parties involved, including lawyers, if their clients are not adversely affected.

There are often interviews with the media and leaking of important documents which may have a prejudicial effect on the trial.

The style of reporting often implies guilt so strongly that as recently as the Balladur Government (1993-1995) any minister subject to an investigation was expected to resign from office, even though he had not been convicted of an offence in a court of law.France does not have a contempt of court rule which limits reporting once the case is sub judice.

Of course an innocent party may sue for defamation of character if newspapers have made false allegations.

Similarly, legislation allows the innocent party a right of reply which the offending newspaper is compelled to print.

However, many commentators consider that press freedom should be jealously guarded.

Others believe that the press is being used as a scapegoat.The final issue to be considered by the commission is a review of both civil and criminal procedure.

The problem is a familiar one; a three-fold increase in civil cases at first instance and on appeal in the last 20 years.In civil procedure Mr Chirac is intent on reforming the procedure which concerns mainly small disputes between individuals because he believes that in this area justice does not meet public expectations.

Mr Chirac's proposals reflect the conclusions of Jean-Marie Coulon, the President of the Tribunal de Grand Instance de Paris, who recently completed a study which proposes the implementation of simplified procedures, the redefinition of the role of the judge, a continuous training programme and the introduction of alternative dispute resolution.The overburdening of the court system is due in part to the increase in litigation in recent years and the almost automatic right in civil cases to appeal, a process which may take two or three years.

In criminal matters it takes a similar length of time on average to get from arrest to trial in indictable offences.

Consequently, France has been condemned by the European Court of Human Rights 14 times, (compared to only once for the UK), for unreasonable delay in prosecuting cases.The underlying objectives of the new commission are judicial transparency, accountability, accessibility and protection of individual rights.