Silent, uncomfortable or in "
incomprehension
", the political class appears "
stuck
" by the indictment of the former Minister of Health Agnès Buzyn in the Covid-19 crisis, some worrying about the “
increased judicialization of French political life
”.
Read also By joining the WHO, Agnès Buzyn will she benefit from diplomatic immunity?
"
It's a situation that bothers me a lot
." It is not a politician who says it but Laurent Berger, the secretary general of the CFDT, in a program for France Inter broadcast on Sunday. And the trade unionist, "
not at ease
" with what he considers to be "
a drift of democracy
", to stress that this indictment for "
endangering the life of others
" throws "
a little to the popular vindictiveness of political leaders who undoubtedly did their job as best they could
”.
In the majority, the defense of the record of Agnès Buzyn, who "
did all she could and undoubtedly more to protect us
", according to the deputy and spokesperson for LREM Roland Lescure, leaves room for more concern. deep, especially as the current Minister of Health Olivier Véran or the former Prime Minister Edouard Philippe are also in the sights.
The decision of the CJR "
creates a dangerous precedent
", estimates the deputy LREM Aurore Bergé: "
Can a Minister of the Interior tomorrow be held criminally responsible for an attack which would be committed since a Minister of Health seems be able to be used for the management of a global pandemic?
"
Political or criminal responsibility?
A point of view shared beyond the presidential party. "
When you are a political leader, there is necessarily action, risks
", reacted on BFMTV Damien Abad (LR) who wonders about the "
increased judicialization of French political life
". On the left, environmentalists and socialists have so far remained very discreet. "
I do not think that it is in the courts that we will solve the problems
", ended up declaring the Communist Fabien Roussel on Saturday on France Info.
Some rebellious elected officials welcomed this first major questioning in the management of the pandemic in France.
"
If there have been mistakes, they must be sanctioned
", for her part declared the president of RN Marine Le Pen, who is launching her presidential campaign this weekend in Fréjus.
Read alsoThe end of a long ordeal for Agnès Buzyn
Whatever their political color, elected officials are "
stuck
", believes Pierre Egea, professor of public law at Toulouse-Capitole University.
“
In public opinion, confidence in politicians is still very blunted and the only recourse that may appear objective, even if it is not, is the judge.
"
But for this lawyer at the court, the decision of the CJR leads to a "
confusion between political responsibility and criminal responsibility.
It would not be very serious if the criminal offenses were not completely vague
”but“ '
endangering the life of others', it is so broad that it allows all-out indictments
”.
"
Go back
"
For Anne Levade, professor of public law at the University of Paris-1, "
it is rather incomprehension than embarrassment
" which dominates among elected officials.
"
The question of an offense is not whether we have coped well or badly with a crisis, it is whether we have committed an act which is criminally reprehensible
".
Thirty years after the tainted blood scandal which led to the establishment of the CJR, "
this kind of shift from political responsibility to criminal responsibility is very clearly a step backwards for political theory
," said the lawyer.
Read also Health pass: will the Court of Justice of the Republic really be able to deal with the 14,500 complaints?
An exceptional jurisdiction contested for its leniency and doomed to disappear in a constitutional bill presented in 2019 to the Council of Ministers but which has not been examined, the CJR places on political action "
an unreasonable risk
", considers Mme Levade, who sums up the dilemma as follows: "you might
as well do nothing, otherwise we will be prosecuted
".
While affirming his "
solidarity
" with Agnès Buzyn, Claude Evin, former Minister of Health (1988-1991) indicted by the CJR for manslaughter in the case of contaminated blood before obtaining a dismissal, believes him that “
this procedure is not abnormal when one is Minister of Health. Being politically responsible means taking risks
”.