The trial of Eric Dupond-Moretti, tried for illegal taking of interests, will be held from November 6 to 17 before the Court of Justice of the Republic, the only body authorized to judge a minister in office.
Former Minister of Justice under Lionel Jospin, between 2000 and 2002, Marylise Lebranchu reacts Thursday September 14 on franceinfo to the upcoming trial of Eric Dupond-Moretti. The Minister of Justice will be tried for illegal taking of interests from November 6 to 17 before the Court of Justice of the Republic. A first for one member of a sitting government
Eric Dupond-Moretti is suspected of having used his position as minister to settle scores with magistrates with whom he had disagreements when he was a lawyer.
>> Three of the magistrates targeted by the Minister of Justice, Eric Dupond-Moretti, want to testify at his trial
franceinfo: what do you think of the fact that Eric Dupond-Moretti is being tried?
Marylise Lebranchu, former Minister of Justice:
It’s a baroque situation. We have never experienced this. It is a difficult situation for the government and the Minister of Justice, but the minister will not be prevented from being a minister even if he has to answer before a Court of Justice. What the French will think of it, I don’t know, but I don’t think it will improve the image of politicians. I find it a shame because every time the image of politicians is damaged, it is the balance of democracy that is affected. When it is also the Minister of Justice it is undoubtedly more complicated.
Can you continue to lead your ministry and be heard by the courts at the same time?
It’s complicated to answer since it never existed. But nothing in law can prevent the minister from continuing to be in government. In law, a minister can be unable to attend, be ill, have a child, or have a personal impediment for a few days, and the only thing we ask of him is that he can contact his chief of staff in the event of a sensitive question. . In France, everything is organized so that the minister can be prevented from any function. In law, this works since the chief of staff has the signature. Does it work the same way? I do not believe. But is the judicial institution functioning perfectly during this time? Yes, because the situation does not depend morning, noon or evening on the Minister of Justice. In law, there is nothing that could lead the Prime Minister to request the resignation of her minister.
The Court of Justice of the Republic is made up of 3 judges, 6 deputies, 6 senators, with whom the minister has to work every day. Is this problematic?
This poses a problem or a great difficulty for parliamentarians who know the minister. It is very complex and very difficult, I think, for everyone in this situation to be perfectly calm and totally in the role of a parliamentarian who becomes a judge. It’s not impossible but difficult. I don’t want to argue, but I said to myself in July that it [Eric Dupond-Moretti] was going to resign because it was going to be too complicated. Did I lack courage in a complex situation? I don’t know, but it seemed simpler for everyone.
François Hollande wanted to abolish the Court of Justice of the Republic. Does this exceptional justice for members of the government still have its place?
I quite agreed with François Hollande’s position because I see myself more in the way that the average citizen who knows justice projects onto this Court of Justice. The very idea of having parliamentarians become judges for a period may seem difficult to understand. I think the majority of citizens would probably prefer that there were no exceptions. I think we should have gotten to the end of this story. This will undoubtedly happen.