Despite strong criticism of the opposition, the commissions of the laws approved, Wednesday, the appointments of Jacqueline GOURAULT, Véronique Malbec and François Séners.
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The hearings “for opinion” by the commissions of the laws of the National Assembly and the Senate proposed personalities to sit on the Constitutional Council are a pure formality on the merits, because the risk of veto is almost nil, but not on the shape.
Jacqueline GOURAULT, Minister of Cohesion of Territories and Relations with Territorial Communities, proposed by Emmanuel Macron, and Véronique Malbec, Director of Office of the Minister of Justice Eric Dupond-Moretti, proposed by the President (the Republic Walk, LRM) of the National Assembly Richard Ferrand, have noticed it at their expense, Wednesday, February 22.
For different reasons, the choice of these two personalities has been criticized by the oppositions. M me Malbec remained more than two hours facing the Laws Commission of the Palais-Bourbon. His professional career and legal skills were welcomed from all sides, but the conditions for his appointment nourished the debate. It has been defended from any conflict of interest situation with the President of the National Assembly. The latter has been the target of criticisms by proposing for the Constitutional Council the magistrate who was the Attorney General of the Court of Appeal of Rennes, superior hierarchical of the prosecutor of Brest when he decided on 13 October 2017 the classification without following the affair of the mutuals of Brittany.
Véronique Malbec assures the law prohibiting a Attorney General to order a prosecutor to first classify a procedure. The fact that it had to know this case can not be questioned and is not in itself a difficulty in accessing the mandate that opens to it. Questions about the reasons for the choice made by Mr. Ferrand did not have been adjourned. But it was not the place.
“Appearance Theory”
“M me Malbec, you should have refused the proposal made to you,” launched the member (France unsuitable, LFI) of the North Ugo Bernalicis, invoking the “theory of appearances “Who imposes on the jurisdictions to beware of the simple signs that could suggest to the public that the guarantees of independence specific to good justice are not met. “It is important that you specify your degree of intervention” in the case, questioned the Rapporteur Cécile Untermaier (Socialist Party, Ps Saône-et-Loire), without further clarification than the lack of instruction.
Didier Paris, MP (LRM) of Côte-d’Or, rose against “political instrumentalisation” of this appointment less than two months of the presidential election. He believes that Véronique Malbec is “attacked in a particularly infamous way”. In the end, the Law Commission approved its appointment by 27 votes to 11.
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