The reprimand of magistrates by Justice Minister Eric Dupond-Moretti is seen as potentially undermining the separation of powers by the High Council of the Judiciary (CSM). During a surprise visit to Marseille by President Emmanuel Macron in March, Dupond-Moretti visited the city’s judicial court and spoke with around thirty magistrates responsible for organized crime, as well as jurisdictional and appellate court heads. According to reports from magistrates present, they were scolded by the minister and left in a state of shock, as Dupond-Moretti was angry about comments made during a Senate inquiry on the impact of drug trafficking in France.
In response to the criticism, the CSM emphasized the importance of magistrates being able to speak freely and truthfully, especially when testifying before a parliamentary committee. They warned that reproaching magistrates for statements made in such contexts could compromise their freedom of expression and the separation of powers. The CSM expressed full support for all judicial actors involved in the fight against drug trafficking, highlighting the need for magistrates to be able to carry out their duties with authority and credibility without hindrance.
Following his visit to Marseille, Dupond-Moretti reiterated on RMC and BFM-TV that the comments made by Judge Couderc were not appropriate. He stated that he had spoken to her and believed she regretted her words, expressing disapproval of what he saw as defeatism regarding the fight against drug trafficking. The minister also reportedly told the magistrates that such statements were playing into the hands of the far right. The French Association of Investigating Magistrates has condemned the minister’s reprimand, emphasizing the importance of a judge’s freedom of speech and independence in carrying out their duties.
At the Senate, the rapporteur of the inquiry into drug trafficking, Etienne Blanc, accused Dupond-Moretti of deliberately violating the separation of powers by attempting to influence magistrates while the inquiry was ongoing. The minister defended his actions, stating that while magistrates were free to speak, he also had the right to express his views, and he stood by his statements. Former Prosecutor General Francois Molins expressed his bewilderment at the minister’s behavior, which he felt was contrary to the role of a justice minister in supporting and defending the independence of the judiciary.
For Kim Reuflet, president of the Syndicat de la magistrature (a left-leaning union), the minister’s actions are deemed unacceptable. She criticized the minister for reprimanding magistrates for statements made before a parliamentary committee where they are required to speak truthfully under oath. Reuflet raised concerns about a pattern of actions by the minister aimed at silencing magistrates, potentially leading to self-censorship. Despite his annoyance at the statements made by magistrates, Dupond-Moretti had previously sought advice from the CSM on the issue, with the council affirming the importance of freedom of expression for magistrates to ensure their independence.
