why the judgment of François Bayrou is eagerly awaited

He will be present for the delivery of the decision. François Bayrou, three-time presidential candidate, mayor of Pau and high commissioner for planning, will decide his fate on Monday February 5, at 10 a.m. This close friend of the President of the Republic, aged 72, appeared from October 16 to November 21, 2023, as president of the UDF, then of the MoDem, for complicity by instigation of embezzlement of public funds between 2005 and 2017. Ten other people were judged alongside him, centrist executives and elected officials. Franceinfo explains to you why this court decision will be scrutinized, with significant legal and political repercussions.

Because the penalty incurred is heavy

In total, in this case, eleven individuals, including the former treasurer of the MoDem, five former MEPs, three party executives and a parliamentary assistant at the time, were referred to the Paris criminal court. They are suspected of having participated, directly or indirectly, in a system “fraudulent”which consisted of paying parliamentary assistants of MEPs with funds from the European Parliament, provided for this purpose, when in reality, they worked for the benefit of the centrist party. “The UDF then the MoDem was able to benefit from a workforce that it did not pay”, estimate the investigating judges in their referral order, consulted by franceinfo. Both structures were prosecuted as legal entities.

For magistrates, François Bayrou “appears as the decision-maker and the person in charge”who has, “in the first place”, “implemented” This “fraudulent mechanism”in which he played “a central role”. Thus, the president of MoDem is suspected of being “accomplice of embezzlement” in “putting the necessary cogs in place”. Which he always contested. During the hearing, François Bayrou denounced a “poisoning” judicial and refuted at length the existence of any “system” for the benefit of his party. “It’s a human tragedy! What you are insinuating is a fabrication,” had even ended up beating the president of MoDem on the stand, according to France 3, before his interrogation ended.

Not convincing enough for the public prosecutor. In a two-voice indictment, lasting nearly seven hours, the prosecutors considered that François Bayrou was guilty of acts involving “undermining the values ​​of probity and exemplarity that it promotes”. Thus, they requested against him 30 months of suspended imprisonment, a fine of 70,000 euros and three years of suspended ineligibility. The president of MoDem faces a sentence of up to ten years of imprisonment, a fine of one million euros and ten years of ineligibility.

Against the other defendants, the prosecution requested sentences ranging from 8 to 20 months of suspended prison time and fines of between 10,000 and 30,000 euros, accompanied by sentences of ineligibility, again suspended. While all the defense lawyers pleaded for the release of their clients. They questioned documents “subjects to interpretation”without “no proof”. Neither the investigation nor the trial revealed any personal enrichment. It is the European Parliament, the sole civil party, which estimates its damage at 293,000 euros.

Because he is gambling on his political future

The court’s decision, whatever it may be, has serious political implications for François Bayrou. The affair sticks to the career of the president of MoDem. Returning to government for the first time in twenty years, in spring 2017, he resigned from his post as Minister of Justice after the revelation of the affair, just after the opening of the investigation, a month after his appointment .

Today, François Bayrou is pleading, behind the scenes, to be better represented within the government of Gabriel Attal, whose second wave of appointments is overdue. According to information from franceinfo, the boss of MoDem wants four ministers, in addition to Marc Fesneau, already stationed in Agriculture. The argument is as follows: with 51 deputies, the MoDem represents 20% of the majority in the Assembly. If the appointment of delegate ministers and secretaries of state occurs the week of February 5, the executive will therefore have taken note of the court decision to complete its team.

Because the decision could set a precedent

The MoDem is not the only French party targeted by similar accusations. La France insoumise (LFI) and the National Rally (RN) are also suspected of having employed European parliamentary assistants to carry out political activism, and not for missions linked to the European Parliament. A judicial investigation is still underway concerning La France insoumise but no one has been indicted since its opening at the end of 2018, according to AFP.

On the side of the National Rally, we even fear that this judgment will set a precedent and harm Marine Le Pen. Because the president of the RN group in the National Assembly is referred to the Paris criminal court for suspicion of embezzlement amounting to 6.8 million euros, between 2009 and 2017. She will be judged alongside 26 other people, including his father and many executives of the far-right party.

Some fear a penalty “copy” for François Bayrou who would justify the same severity towards Marine Le Pen. “The judges have a political agenda, we saw it with the Fillon affair… In addition, they are almost all members of the USM union which called to vote against us”analyzes an RN executive. “It’s true, we monitored the Bayrou trial from afar, thanks to our lawyers. But frankly, that doesn’t stop us from sleeping.” tempers a close friend of Marine Le Pen. “What is certain is that this story will spread,” annoys those around Franceinfo. Who sees this legal deadline as a potential obstacle to a future candidacy for 2027.