A Minister of Justice tried while in office: this is unprecedented. And this necessarily raises questions, firstly about the minister’s ability to carry out his work and his trial at the same time, then about the risk of a very political trial.
In one month, on November 6, the trial of Éric Dupond-Moretti will begin before the Court of Justice of the Republic, the only body authorized to judge members of the government for crimes or offenses committed in the exercise of their mandate. A first for a serving Minister of Justice. He is accused of having taken advantage of his position to order administrative investigations against magistrates with whom he had had trouble when he was a lawyer, and he disputes these conflicts of interest.
>> Éric Dupond-Moretti referred to the Court of Justice of the Republic: “It is difficult to see how he could remain in office”, wonders Anticor
This trial, even before it begins, is undermined by many questions. And the first of them: how will Eric Dupond-Moretti reconcile his status as a defendant and his missions as Keeper of the Seals during these two weeks of hearings? It seems complicated. However, his resignation is not on the agenda. Since the start of this affair, the Minister of Justice has retained the confidence of Emmanuel Macron. So will he step aside for the duration of the hearing and therefore entrust his missions to the Prime Minister? This would be unprecedented.
An organization “being defined”
On the Matignon side, we are content to say that the minister is at work. Today, he will be in Caen with Elisabeth Borne to inaugurate a prison. It is just added that, for the trial, an organization is “being defined to ensure the regular functioning of public authorities and the continuity of the State”.
The minister could process his files early in the morning, during the lunch break and in the evening and thus participate in all hearings. The former tenor wants to attend as much as possible. However, it could get stuck on Wednesday mornings, where he will be expected at the same time in the courtroom and at the Elysée for the council of ministers.
The situation is perhaps even more delicate for Rémy Heitz. The Attorney General of the Court of Cassation said a few days ago that he would exercise his function with “the requirement of impartiality and independence” which has always been his. And if he needs to specify it, it’s because Eric Dupond-Moretti is… his hierarchical superior. Making the accusation against your own boss will not necessarily be very comfortable.
Aware of this difficulty, Eric Dupond-Moretti had also committed, several months ago, not to be the one who would choose François Molins’ successor at the head of the Court of Cassation.
The risk of a political trial?
Last point of delicacy, the Court of Justice of the Republic is made up of 3 professional judges but also of twelve parliamentarians, six deputies and six senators, supposed to transform themselves during the hearing into worthy and loyal magistrates. For them, remaining objective will require a lot of effort. They all took an oath, and therefore none logically agreed to answer us.
Among them: 4 parliamentarians from the majority, 8 from the oppositions, such as the RN deputy Bruno Bilde or the rebellious deputy Danièle Obono. We can legitimately wonder if they do not have a political interest in a conviction of the accused Dupond-Moretti, heavyweight of the government in place.
Conversely, doesn’t Renaissance MP Emilie Chandler, who worked with the Minister of Justice and submitted a report to him a few months ago, have an interest in seeing him released?
“It’s true that it’s not healthyrecognizes MP Liot Charles de Courson, who has been a parliamentary judge three times in 30 years. This is not a service to be rendered to parliamentarians, it is putting them in an unhealthy situation.”
“I took an oath not to say anything about the secrecy of the deliberations but I can tell you that I saw this institution functioning from the inside, I think it must be repealed.”
Charles de Courson, Liot de la Marne deputyat franceinfo
The Court of Justice of the Republic has always been criticized but here, the criticism takes on even more meaning, with a defendant who is still in office and supported by the head of state.