Vaccination campaign: is the government afraid of judges?
Audio 03:06
(Illustrative photo).
© REUTERS / Juan Medina
By: Anthony Lattier Follow
7 min
To explain the failures of the start of the vaccination campaign in France, we mentioned the lack of anticipation of the government, the deficiencies of the administration or the problems of logistics.
But could there be another reason: fear of judges?
Publicity
It is a fear very present among leaders: the possibility that they are questioned by justice for their management, their action or their inaction.
Three months ago an episode traumatized the government: when Olivier Véran was woken up in the morning by the police.
In full management of the epidemic, the current Minister of Health was raided at his home, like his predecessor Agnès Buzyn, or even former Prime Minister Édouard Philippe.
Did the executive badly anticipate the arrival of the epidemic when he was aware of its possible danger?
Were there any failures, negligence?
This is what justice seeks to know.
It is one more episode in what is called the judicialization of political life: the interference of judges in the affairs of the executive.
Excessive caution
Can this fear of being sued explain the slowness of the vaccination campaign?
Within the executive we deny it, but despite everything, this is what some think, for example the right-wing senator Gérard Longuet, member of the Parliamentary Office for the evaluation of scientific and technological choices.
For him, the government has yielded to a form of "
judicial fear
".
Why ?
Because as the campaign started in retirement homes, it was necessary to obtain the consent of fragile people, not always aware of things.
And for this, the government has put in place a long and tedious procedure.
Explanation by Gérard Longuet: "
The government feared that it would be criticized for not respecting the expression of consent
".
The executive protected itself but this had the effect of slowing down the process.
"
Simplify
" therefore ordered President Emmanuel Macron, realizing the political damage of this excess of caution.
Risk of impotence
Officials are increasingly worried that judges will come to dig into their cases.
The political class has been on guard since the tainted blood affair in 1999 when for the first time 3 former ministers were tried for acts which took place during the exercise of their mandate.
The recent searches of ministers in full management of the epidemic has again shocked the political class, whether it is the majority or the opposition.
In the ranks of the right, Damien Abad leader of the deputies of The Republics ensures that if this trend continues "
it will lead to powerlessness and public inefficiency
: because instead of taking political decisions, we will prefer to protect oneself
.
""
The judicialization of political life does not help political decision
", adds a deputy of the presidential majority.
Last resort
But isn't justice now the only recourse for those in power to be accountable?
Indeed, Parliament - to which the government is constitutionally accountable - does not really play its role.
Due to the electoral calendar, the president and his government still have a comfortable majority in the National Assembly, which automatically prevents any vote of censure that would bring down a government that would be deemed incompetent.
The executive therefore has a free hand whatever it does and the president is criminally irresponsible during his mandate.
It is impossible to blame politicians: it is in the courts that we settle accounts.
Good or bad, it is with this sword of Damocles that those in charge lead.
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Emmanuel Macron
Justice
Coronavirus
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Covid-19: searches of Olivier Véran and several former ministers
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