Many of you are asking whether the minister will have to resign willingly or by force. I hope I have already answered a little, which is why I now take your question, dear Bandoneon. The height of the Court of Justice of the Republic (CJR) is that it has never been so active for two years… when Emmanuel Macron had announced its abolition in his electoral program of 2017. François Hollande had also promised a such a constitutional reform in 2012.
It is an exceptional jurisdiction, since it is parliamentarians who judge political leaders. The court formation of the CJR is made up of six deputies, six senators and three judges of the Court of Cassation. Many of its decisions have been challenged in the past, such as the judgment establishing, in December 2016, the guilt of Christine Lagarde in the Tapie arbitration case, but justifying the absence of criminal sanctions.
The idea of a reform, to guarantee respect for the principle of separation of powers, would be to have ministers or former ministers judged by a court of common law, but following filtering complaints to avoid the instrumentalization of justice. In the very unlikely event that such a constitutional reform were voted on tomorrow, it would not apply to current affairs.
