The Court of Justice of the Republic acquitted the Minister of Justice on Wednesday. Eric Dupond-Moretti says he wants to “turn the page”, but magistrates, as well as the unions which represent them, remain marked by the trial.
He wants “turn the page”. Released by the Court of Justice of the Republic (CJR) following an unprecedented trial, Wednesday November 29, the Minister of Justice played the appeasement card, a few hours later, on France 2. “It’s good that I wasn’t forced to resign, because I’m innocent tonight. And I would like people to remember that.”, underlined Eric Dupond-Moretti. The former lawyer, tenor of the bar for more than thirty years, insisted on the work carried out since his arrival at the Chancellery in July 2020.
The Minister of Justice expressed the wish to continue working with his “official interlocutors”, “in whose ranks” includes the Attorney General at the Court of Cassation, Rémy Heitz, who represented the prosecution before the CJR. He had requested a one-year suspended prison sentence against the minister, and has five days, until Tuesday, to announce whether or not he is appealing to the Court of Cassation. “This trial is heavy and not without damage to the interpersonal relationships of its actors, who must, however, after this trial, continue to work together for the good of justice”, he declared in his requisitions, while Eric Dupond-Moretti glared at him several times. The minister’s entourage, however, emphasizes that relations are cordial between the two men: the last time they met, in November, they shook hands.
“A very contemptuous vision of trade union organizations”
Among his “official interlocutors”the Minister of Justice also cited the magistrates’ unions at the origin of the complaint filed in December 2020 for “illegal taking of interests”, which resulted in his referral to justice. “I have never been at war with anyone. We were nourished by an expression which was: ‘He settled his scores'”, launched Eric Dupond-Moretti to them, Wednesday on France 2. He was thus referring to the reaction of the Union Syndicale des Magistrates (USM), the majority within the corporation, after the announcement of his appointment, on 6 July 2020. “To appoint such a divisive personality who despises magistrates to this extent is a declaration of war on the judiciary,” declared the president of the USM at the time. On the side of this union, we now prefer to take a step back and wait, to express ourselves on the continuation of the discussions, to see if the calming signals sent by Eric Dupond-Moretti will be followed by effects.
Because the dialogue social is not completely broken: all the trade union organizations contacted by franceinfo recall that they have never stopped participating in the meetings organized with the hierarchy, but also with the minister’s office. However, everyone did it in their own way. “As long as the CJR procedure was ongoing, we preferred not to see him face-to-face,” explains Kim Reuflet, president of the Syndicat de la magistrature (SM), an organization classified on the left, the second to have filed a complaint against Eric Dupond-Moretti.
“One of his defense strategies was to say that he was the victim of a union plot. He never managed to get out of that. Will he be able to normalize relations and respect his commitment to turn the page? We wonder”develops Kim Reuflet, skeptical.
“It’s hard to imagine that Eric Dupond-Moretti will wipe the slate clean and forget everything.”
Kim Reuflet, president of the Magistrates’ Unionat franceinfo
The president of the SM remains expectant, because, for her, “the trial will leave its mark” : “Eric Dupond-Moretti showed a very contemptuous view of trade union organizations and engaged in a skirmish with the high judicial hierarchy”. Thursday evening, the SM strongly criticized the reasons for the decision on (ex-Twitter), before calling for the suppression of the CJR, which he describes as “exceptional jurisdiction”.
“A painful moment for the judicial institution”
In fact, the ten days of hearing and the minister’s acquittal continue to cause turmoil within the judiciary. Many question the legal basis of the decision. “All the colleagues I meet are disgusted by a decision which is only political and not legal. It was already difficult to work with this minister. The procedure is over, it will not get any easier”slips a magistrate to franceinfo.
“The trial was a painful moment for the judicial institution, which came out damaged. We will have to live with that for years,” concedes for his part Guillaume Didier, former magistrate, who advised Eric Dupond-Moretti in his communication, particularly during his trial. However, “this procedure did not prevent the minister from moving forward on major issues”, he notes.
“It is by continuing to improve justice on a daily basis that the link with the magistrates will be able to be repaired. No one has any interest in adding fuel to the fire.”
Guillaume Didier, former magistrateat franceinfo
“We are in an attitude of vigilance, but not war”, says Béatrice Brugère, general secretary of the SNM FO Magistrates Unit. His union, which defines itself as “reformist”had made a report for “illegal taking of interests” to the prosecutor at the Court of Cassation, but had not joined the complaint of the two others.
“The decision of the CJR does not change anything. We have no communication problem with the minister. We work with him and his cabinet. And rather well: we have obtained progress thanks to the organic law [qui réforme le statut des magistrats et vient d’être adoptée], or the salary increase of magistrates, believes Béatrice Brugère. We obtained more with this minister than with others, it’s paradoxical.”
“Judges inclined to distance themselves”
This “paradox”Eric Alt, magistrate and administrator of Anticor, an anti-corruption association which had filed its own complaint against the minister, also underlines this. “Eric Dupond-Moretti took stock of the lack of resources and staff in the judiciary”he observes, referring to there Ministry orientation and programming law. Ppromulgated on November 20, it brings the Justice budget to nearly 11 billion euros by 2027 and notably allows the hiring of 1,500 magistrates. But, on the other hand, he will remain in the history of the Fifth Republic as “the Minister of Justice who broke with the magistrates’ unions”, considers Eric Alt.
He notes another paradox which arises from the trial: according to him, Eric Dupond-Moretti contributed, in a certain way, “strengthening the culture of independence of justice”. “He attacked the magistrates of the National Financial Prosecutor’s Office on the disciplinary level. He also implicated François Molins, former prosecutor general at the Court of Cassation. The probable consequence is that the magistrates of the public prosecutor’s office will be inclined to take their distance from their minister”, develops Eric Alt. For him, Eric Dupond-Moretti cannot say anything other than “the page is turned”. But, he continues, the former criminal lawyer will not be “stricken with amnesia afterwards: we will have to live with this succession of paradoxes for a time.”