Magistrates implicated by Eric Dupond-Moretti: the State condemned for misconduct

The Paris administrative court ruled, Thursday January 16, that the State had “committed a fault incurring liability by publicly indicting” two magistrates from the National Financial Prosecutor's Office (PNF) in 2020, in the case which resulted in an unprecedented trial for the former Minister of Justice, Eric Dupond-Moretti. Tried by the Court of Justice of the Republic (CJR) for illegal taking of interest in this case in November 2023, the former minister was acquitted.

The administrative court ordered the State to pay 15,000 euros to Ulrika Delaunay-Weiss and 12,000 euros to Patrice Amar. They are among the three magistrates of the National Financial Prosecutor's Office against whom the former minister had opened administrative investigations, even though he had disagreements with them when he was a lawyer. The three magistrates (the head of the PNF, Eliane Houlette, was also targeted) were ultimately cleared of any disciplinary misconduct.

The two magistrates had “been publicly called into question, on the one hand, by a press release from the Ministry of Justice naming them and, on the other hand, through public remarks made by the Minister of Justice in office calling into question their professional ethics »notes the court in its press release. “These two magistrates asked the court to order the State to compensate them for the damage suffered following this public indictment, considering in particular that it damaged their professional reputation and their honor”he emphasizes.

Ex-minister acquitted due to lack of “intentional” element

In its decision, the court notes that the public comments in question “were materially inaccurate” and that they have “damaged the professional reputation of those concerned” and were therefore “constituting a fault such as to engage the liability of the State”. During the trial, the two magistrates described the impact of these statements on their personal and professional lives. “Our three names are given to the press, it’s a building collapsing on my head”, “For weeks I was unable to do anything. I was like a zombie”recalled Ulrika Delaunay-Weiss. “The minister avenged the lawyer”she concluded.

“More than four years after the events, a court decision finally sanctions the serious mistakes committed by Eric Dupond-Moretti”rejoiced M^e Marie Lhérier, lawyer for the two magistrates “in the viewfinder” of the Keeper of the Seals. The decision of the administrative court “will therefore serve as a letter of apology from Eric Dupond-Moretti”she added. When requested, the Ministry of Justice has not yet reacted.

In an unusual decision in terms of illegal taking of interests, the CJR (made up of professional magistrates and parliamentarians) considered that Eric Dupond-Moretti had indeed placed himself in a situation of conflict of interest, but that he did not could be found guilty for lack of evidence “intentional”. In June 2020, when Eric Dupond-Moretti was still a lawyer, we learned that the PNF had had his (fad) detailed telephone bills and those of other lawyers examined, to try to flush out a possible mole who would have informed the ex-president Nicolas Sarkozy and his lawyer Thierry Herzog that they were wiretapped in the so-called “wiretapping” corruption affair. Eric Dupond-Moretti had denounced a “barbouzarde investigation”a shift in “the Republic of Judges”and filed a complaint.

Facing the“emotion”the then Minister of Justice, Nicole Belloubet, launched a “functional inspection” on the PNF investigation. In the meantime, in July 2020 and to everyone's surprise, Eric Dupond-Moretti was appointed Minister of Justice. Despite warnings of a risk ” obvious “ of conflict of interest issued by the magistrates' unions, it was he who received the conclusions of the inspection. The report did not point to any disciplinary fault but the minister, on ” recommendation “ of his administration, had ordered an administrative investigation to investigate possible individual failings by the three magistrates.