The Council of State has rejected the request of the Union of magistrates (SM, left), which called for a summary (emergency procedure) should be terminated to the inspection ordered on the 1st of July by the former keeper of the Seals Nicole Belloubet in the wake of the revelations of the Pointsur investigations parallel to the Parquet national financier (PNF), in the margin of the case of the eavesdropping aimed at Nicolas Sarkozy, his lawyer Thierry Herzog and former high-ranking magistrate, Gilbert Azibert. Ask the general inspectorate of justice to look into the practices of the PNF, in this folder " reported ", " does not prejudice the rights and prerogatives of the judiciary ", held on July 27, the high administrative court. "The decision of referral of the inspection is for the sole purpose of seeking to assess the operation of the PNF on the occasion of its business activities in a particular case. It is not, by itself, affect the conditions of employment and work of the judicial magistrates, " said the Council of State. Which returns in its aims the Union of the magistrates, who saw in this "interference" to a " serious violation and manifestly illegal to the independence of the judicial authority ".
Who is the mole ?
Driving for several years in the greatest secrecy, so that a judicial inquiry by two independent judges was already open to "corruption" and " traffic of influence ", the parallel investigation of the PNF was to unmask a possible "mole" may have informed the former head of State and his council that the open line in the name of Paul Bismuth was on listening. Conducted under the guise of a preliminary investigation for " violation of professional secrecy ", these investigations, in spite of their duration, have never resulted in to unmask anyone. In the meantime, the fadettes of several judges and lawyers have been meticulously peeled, some protagonists have even been pinpointed. Among them : the criminal lawyers, Hervé Témime, Jean Veil and a certain Eric Dupond-Moretti, who was not yet minister of Justice.
Outcry
in the Face of the outcry aroused by the revelations of the Point, on these practices, Nicole Belloubet, who lived his last hours at the chancellery, had been asked to "beef-carrot" of justice to determine "the extent, scope, duration, and the proportionality" of the investigations of the PNF in relation to the provisions of the preliminary article of the Code of criminal procedure ". The minister also wished to be informed on " support procedural use, particularly its articulation with the processes or procedures related to the facts referred to ".
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Behind this mumbo-jumbo legal-judicial, a simple question arose – and is still being asked : the public Prosecutor national financial is it out of the nails by digging alone in the corner with processes that also intrusive ? He acted " contra legem ", out of the procedure and outside the realm of legality ? For the Union of the judiciary, the mere fact of questioning is, in itself, a scandal, an intolerable "threat to the separation of powers" and the independence of the judiciary, a "deliberate violation" of the Declaration of 1789 and the european Convention on human rights.
The judges are at this point untouchable, exempt from criticism and legally "irresponsible" that an inspection on any slip-ups would become unbearable ? "No," replied calmly the Council of State, for which inspection can and should follow its own course.
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Report due September 15
The findings of this internal investigation are expected by September 15. And God knows if they are in the microcosm of the judiciary. "You make all the proposals needed to remedy any shortcomings observed and to improve the operation of this prosecutor's office ", had asked Nicole Belloubet to its services. Detail funny : the report of the inspection shall fall on the office of Eric Dupond-Moretti, in the case of investigations aimed (in particular) a certain Eric Dupond-Moretti, conducted by a prosecutor's office, which suspected him of violation of the secret – but that was before – and on which it now has authority !
Now, everything is back in order : the new garde des Sceaux, who had denounced the " barbouzades ", has withdrawn the complaint "against X" that he had filed the June 30, for "violation of the intimacy of private life and secrecy of correspondence" and "abuse of authority" while he was still a lawyer. The Paris bar association has followed suit, "suspending" the action that he had brought "waiting for results" of the general inspection of justice.
