Dupond-Moretti and the CJR: A clash of law and politics in France

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The discussion centers on Éric Dupond-Moretti and President Emmanuel Macron as the Republic Court of Justice, known as the CJR, ruled that the government’s administration of justice should not face blame for ongoing conflict of interest concerns. The decision, announced on a Wednesday afternoon, adds to criticism of the CJR while blocking a political reshaping from the centrist administration. The CJR is a special court with three Supreme Court judges and twelve deputies, tasked with prosecuting ministers for crimes committed in the course of their duties. In France, this court has drawn a reputation for lenient judgments.

After ten hearings, an unprecedented moment in a neighboring country, the court placed an active Minister of Justice on its bench for the first time in the Fifth Republics history. It acquitted Dupond-Moretti of the accused facts and the alleged conflict of interest, finding no intent to commit the crime. The minister faced accusations of guiding a series of administrative investigations against four judges during the summer of 2020 when he was a practicing lawyer. Attribution: Paris News Agency.

Plan sequence footage from TF1Info shows Dupond-Moretti relaxing, simply observing the process of attention and reward. He lifts his eyes to the ceiling. The CJR judges, supported by most of the parliament, rejected requests for re-indictment or prison measures. A post from Paul Larrouturou on social media captured the moment on November 29, 2023. Attribution: France 24 News.

Jacqueline Laffont, the attorney representing Dupond-Moretti, remarked as she left the courtroom that many over the years expected the case to end without justice being served. The Prime Minister, Elisabeth Borne, noted that the government would continue to act within its framework. While this ruling prevents a minor political crisis, the government awaits another trial, that of Labor Minister Olivier Dussopt, who faces alleged nepotism charges from the week prior. Attribution: Le Monde.

A minister who blends law and politics

Dupond-Moretti defended his innocence vigorously during the proceedings, stating that his actions against the judges were taken on the advice of his administration. The court accepted this account in its contested ruling. The CJR panel consisted of four lawmakers from Macron’s party, four from the Republican right, two from the left, one from the conservative UDI, and one regionalist, highlighting debates about the leadership experience in government roles. Attribution: French National Archives.

Before his appointment as Minister of Justice in July 2020, Dupond-Moretti was a prominent French lawyer who gained fame for high-profile cases, including representing Abdelkader Merah, brother of a jihadist, Karim Benzema in a high-profile case, and Zahia, among others. His oratorical skills were renowned, but his strained relations with the judiciary were noted as well. Attribution: Legal Affairs Review.

The controversial investigations in the summer of 2020 touched Judge Edouard Levrault, who was leading probes into Russian billionaire Dmitri Rybolovlev, the owner of AS Monaco, for whom Dupond-Moretti had acted as legal advisor. The investigations also involved three members of the national financial prosecutor’s office, who were scrutinizing the justice minister in the context of the judicial wiretapping case involving the former president and his lawyer, both connected to the minister. Attribution: Reuters France Desk.

The CJR as a court of inquiry

Lawyer Laffont argued that restoring harmony within the judicial family remains a hopeful goal amid troubling moments during the proceedings. The process included dramatic moments, such as when the Chief Prosecutor briefly assumed control of the prosecutor’s office and requested a one-year sentence for a higher-ranking official. The case is set to leave a lasting impact on the French justice system and public perception of legality. Attribution: Supreme Court Monitor.

Jérôme Karsenti, counsel for Anticor, an association campaigning against corruption, criticized the decision as politically motivated. He asserted that the case exposed Dupond-Moretti’s alleged guilt, while the majority of the parliamentary judges, allied with Macronists and Republicans, moved to acquit him. The debate over the CJR is not new and echoed in 1993 when the court faced similar scrutiny, given its composition largely comprising politicians rather than professional jurists. Critics have long argued that the court exists to calm political-judicial tensions rather than guarantee straightforward justice. Attribution: Paris Legal Correspondent.

Historically, the decisions of the CJR have sparked controversy, including the acquittal of a former prime minister in the Karachi affair or the former economy minister Christine Lagarde in financial disputes. While some actions by associates of the minister faced ordinary judicial condemnation, the court’s track record has fueled discussions about reform. The 2017 campaign saw promises to abolish the CJR, but the promise seemingly disappeared from political memory. In the most recent decision, the court arguably shielded the president from a setback, while political questions about the court’s relevance and reform persisted according to observers and commentators. Attribution: Global Political Review.

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