Will Eric Dupond-Moretti have to resign if he is indicted?

Will Eric Dupond-Moretti have to resign if he is indicted?
Will Eric Dupond-Moretti have to resign if he is indicted?

JUSTICE – Eric Dupond-Moretti is summoned on July 16 to the Court of Justice of the Republic (CJR) for an indictment in the investigation it is leading on suspicions of “illegal taking of interests”, has t we learned this Monday. Will the Keeper of the Seals then have to resign from the government?

J.F. – 2021-07-05T16:44:31.386+02:00

Can an indicted minister stay in government? The question could arise very soon, while the Minister of Justice Eric Dupond-Moretti is summoned on July 16 to the Court of Justice of the Republic (CJR) for an indictment in the investigation she is leading into suspicion of “illegal taking of interests”, we learned on Monday. What rules have applied in this area since the start of Emmanuel Macron’s five-year term? Has the question ever arisen?

If the “Balladur jurisprudence” is accustomed to impose itself, the Constitution does not oblige a minister under examination to resign. But in a context of moralizing political life, Prime Minister Edouard Philippe had indicated from his first government formed that the ministers indicted should resign, except for defamation. A rule that has never had to apply, even if several ministers had to leave their functions for legal troubles, even before being indicted.

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Who is Jean Castex, the successor of Edouard Philippe?

This was the case of MoDem ministers François Bayrou (Justice), Marielle de Sarnez (European Affairs) and Sylvie Goulard (Armies) at the start of the five-year term, splashed by the case of suspicion of fictitious jobs of parliamentary assistants of European deputies of the party. . Appointed in May 2017, they resigned in June of the same year, and were indicted at the end of 2019. Appointed Minister of Territorial Cohesion in the first government of Edouard Philippe, the current president of the National Assembly Richard Ferrand had to resign in June 2017 after being incriminated in the case of Mutuelles de Bretagne. He was indicted in September 2019, when he was already president of Le Perchoir.

Dupond-Moretti not concerned by the Balladur case law?

A minister indicted while a member of the government, so it would be a first for four years. And logically, Eric Dupond-Moretti should leave office. But in an article from World dated January 2021, members of the executive explain that the case here relating to a ministerial case, the Minister of Justice would not be forced to leave his post.

Read also

  • Suspicion of illegal taking of interests: Eric Dupond-Moretti summoned to the Court of Justice of the Republic
  • Dupond-Moretti suspected of conflicts of interest: the Ministry of Justice searched for 15 hours

The Minister of Justice and his lawyers see this case as a maneuver by the magistrates’ unions. In the Sunday Newspaper, Eric Dupond-Moretti said to himself “extremely serene”, and denounced a plot by these unions to “obtain a new Keeper of the Seals”. The investigation was opened in January, after complaints from three magistrates’ unions and the Anticor association accusing him of having taken advantage of his duties as Minister of Justice to intervene in cases for which he was previously a lawyer. .

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