Unprecedented situation under the Fifth Republic! This week at the Highlighters, “The unpublished case of Éric Dupond-Moretti before the CJR”. – The Informant. 🇳🇱 #WeStandAsOne



Unprecedented situation under the Fifth Republic! This week at the Highlighters, “The unpublished case of Éric Dupond-Moretti before the CJR”.

Published on 30.10.2022


Actu-juridique reports to us the unprecedented situation under the Fifth Republic! Dupond-Moretti is called upon to appoint the public prosecutor who will be in charge of the proceedings against him before the Court of Justice of the Republic.

The Minister of Justice is able, completely legally, to propose the name of the magistrate who will be responsible for bringing the accusation against himself before the Court of Justice of the Republic (CJR).

Indeed, the law of December 22, 1958 on the organic law relating to the status of the judiciary provides that the magistrates of the public prosecutor’s office, including the public prosecutor at the CJR, are appointed by the President of the Republic, on the proposal of the Keeper of the Seals. , after consulting the Superior Council of the Judiciary.

However, the current Attorney General at the CJR, François Molins, is retiring in June 2023. His successor will therefore be appointed by the President of the Republic on the proposal of the Keeper of the Seals E. Dupond-Moretti, precisely prosecuted before the CJR on the grounds that he would have used the influence of his office to satisfy personal interests.

He was indicted for illegal taking of interests on July 16, 2021, following two complaints from magistrates’ unions. Better, the current Keeper of the Seals will have, as the law provides, authority over his own accuser.

The law of 1958 provides for this principle of hierarchical subordination of prosecutors to the Keeper of the Seals. Next to reade here.



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