Indicted, can Éric Dupond-Moretti remain Keeper of the Seals?

ANALYSIS

This is a first in France: a serving Minister of Justice indicted. After 6 hours of hearing before the Court of Justice of the Republic on suspicion of conflict of interest, Eric Dupond-Moretti was indicted for illegal taking of interests. According to his lawyers, the Minister of Justice will challenge this indictment as early as next week, but the question now arises as to whether he can remain in post to defend his bill in particular for confidence in the judicial institution.

If we stick to what Emmanuel Macron said in 2017, a minister must leave the government when he is indicted.

But for several days, the head of state has repeated to his relatives that it is out of the question that his Minister of Justice resigns.

For the president, justice does not have to determine who can be part of the government and even less who should leave it.

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"The Keeper of the Seals has the same rights as all litigants"

"Justice is an authority, not a power. I will not let justice become a power", would have been particularly annoyed the Head of State Wednesday, during the Council of Ministers, according to information from BFMTV.

"The Keeper of the Seals has the same rights as all litigants. That is to say that of the presumption of innocence, of being able to defend the rights which are his", he declared Thursday to the press. , on the sidelines of a trip to the Hautes-Pyrénées.

Questioned again on Friday afternoon, after the announcement of this indictment, Emmanuel Macron refused to make any additional comments.

If at this stage Eric Dupond-Moretti is presumed innocent, it should however be noted that never a minister under examination could remain in the government.