The announcement caused a stir. Former Minister of Culture Rachida Dati, tried from September 16 for corruption, has asked to rejoin the judiciary, franceinfo learned on Friday September 4, confirming information from Nouvel Obs. The current mayor of the 7th arrondissement of Paris has been proposed for the position of first substitute at the central administration of justice in Paris, within the Chancellery, franceinfo also learned from a source close to the matter. After the opinion of the Superior Council of the Judiciary (CSM) on this appointment, the one who was also Minister of Justice under Nicolas Sarkozy should rejoin the judiciary within a few weeks.
1 What is the context of this request?
Rachida Dati must appear from September 16 to 28 before the Paris Criminal Court, notably for corruption and passive influence peddling. She is accused of an alleged corruption pact for having illegally lobbied in the European Parliament, where she served as an elected official from 2009 to 2019, on behalf of Renault and its then boss Carlos Ghosn.
Rachida Dati is suspected of having received 900,000 euros between 2010 and 2012 for consulting services that she did not actually perform. In its indictment requesting a trial, the National Financial Prosecutor's Office estimated that "the numerous investigations" carried out "made it possible to identify very little evidence of the existence and reality of the services carried out by Madame Dati".
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The judges suspect Rachida Dati of having actually received these 900,000 euros in fees in return for lobbying actions on behalf of the French manufacturer in the European Parliament. The defendant maintains that she only did completely legal work as a lawyer. The former Minister of Culture faces ten years of imprisonment and five years of ineligibility.
2 Does Rachida Dati have the right to rejoin the judiciary?
“Madame Dati has requested her reinstatement as a magistrate, as she has the right to do,” the Ministry of Justice told AFP. Rachida Dati was automatically placed on leave by decree upon her appointment to the Ministry of Culture in February 2024, as required by law.
Once her duties as a member of the government were completed, Rachida Dati had the right to ask to resume her duties. She will therefore "soon be assigned as part of the classic transparency procedure for magistrates", the usual procedure for appointment in this body, "that is to say after the opinion of the Superior Council of the Judiciary which the Keeper of the Seals will follow", informed the Chancellery to AFP.
The public prosecutors are appointed by the Minister of Justice, after consulting the Superior Council of the Judiciary. This should be delivered by mid-September to early October, after examining possible appeals from other candidates for this position, a magistrate explained to AFP.
3 What are the political reactions?
The announcement of his request for reinstatement of the judiciary comes just ten days before his trial. Reactions have been flowing ever since. “The announcement made just before the start of his trial is disturbing,” wrote former anti-corruption magistrate Eric Halphen on X.
"The judicial institution is harshly criticized by political leaders, particularly from the angle of ethics and the responsibility of magistrates, but also on the need to preserve the image of the institution", but "this reintegration project, a few days before a media criminal trial concerning the person concerned, sends a contradictory message", also deplored Ludovic Friat, president of the Magistrates' Union, to AFP.
On the side of the political class, François Ruffin, candidate for the presidential election, denounced on X an "umpteenth case" of "corruption of the system". "The exemplary Republic is the one which does not allow a defendant to join the judiciary the day before her trial for corruption", also reacted Olivier Faure, first secretary of the Socialist Party, on The Moselle elected official, however, considers that Rachida Dati "has the right to be reinstated" because "she is presumed innocent" while awaiting her trial.
4 Can Rachida Dati remain a magistrate if she is convicted?
In the event of a criminal conviction, the former Minister of Culture could be concerned, as a magistrate, by a disciplinary procedure. Indeed, “any breach by a magistrate of independence, impartiality, integrity, probity, loyalty, professional conscience, honor, dignity, delicacy, reserve and discretion or the duties of his state constitutes a disciplinary fault”, provides the law relating to the status of the judiciary.
A conviction for corruption could be considered a breach of integrity, even if Rachida Dati was available at the time of the events, a magistrate told franceinfo. The former minister would then risk a sanction ranging from simple reprimand to dismissal. The Superior Council of the Judiciary would be the body responsible for assessing the fault in the event of referral by the Minister of Justice, in this case Gérald Darmanin, guarantor of respect for the ethics of magistrates.
The former Minister of Culture, once reinstated in the judiciary, could also face a temporary ban on exercise, even before a criminal conviction, according to the magistrate contacted by franceinfo. This decision could apply if the Chancellery considers that the damage to the image of the judicial institution is such that Rachida Dati cannot practice while waiting to be judged.
