There will be no disciplinary action against him. The Superior Council of the Judiciary (CSM) indeed cleared, Thursday, September 15, the former investigating judge of Monaco Edouard Levrault, against whom disciplinary proceedings had been initiated by the executive, at the initiative of the Keeper of the SealsEric Dupond-Moretti.
This magistrate “did not exceed the limits of his freedom of expression. Therefore, no disciplinary breach can be blamed on him.said the CSM in its decision, adding that Mr. Levrault had spoken “in a non-excessive manner, without disclosing secret information, on a subject of general interest”.
Reproaches of breach of his “duty of reserve”
Shortly after his appointment to the Ministry of Justice in the summer of 2020, Mr. Dupond-Moretti had launched administrative investigations against four magistratesincluding Mr. Levrault, with whom he had dealt as a lawyer and whose methods of "cowboy".
It is the triggering of these investigations that is worth to the Keeper of the Seals to be indicted today for "illegal taking of interests". The conditions under which Eric Dupond-Moretti had ordered these investigations will possibly be examined by the Court of Justice of the Republic (CJR) in 2023.
The Minister of Justice reproached Edouard Levrault for having failed to "his duties of reserve and delicacy" for remarks made in the context of a television report about his files in Monaco, after the non-renewal of his secondment by the authorities of the Principality.
He was also initially accused of having "violated the secrecy of the instruction" during this same television report, a grievance finally abandoned at the time of referral to the CSM by Prime Minister Jean Castex, who had inherited these files to deal with the possible conflict of interest of Mr. Dupond-Moretti.
At the hearing, at the end of August, the services of Prime Minister Elisabeth Borne called on the CSM to "hold back grievances" against Mr. Levrault while considering that" there [avait] not subject to sanctions". The magistrate, now vice-president of the Nice judicial court, had assured him that he had “failed in his duties as a magistrate neither in Monaco nor in France”.
Three other investigations targeting magistrates
The president of the Syndicat de la magistrature (SM), Kim Reuflet, reacted Thursday after the CSM's decision to Agence France-Presse, saying: “We are reassured by the decision of the Superior Council of the Judiciary, which is the guarantor of the independence of justice and which put an end to a case which we consider to be completely revolting”.
In a statement, the Union of Judges (USM), for its part, "greeted" the decision which, according to her, “puts an end to two years of a procedure initiated by the Keeper of the Seals under conditions that are questionable to say the least”.
The three other disciplinary investigations launched by the executive target magistrates of the National Financial Prosecutor's Office who had had detailed telephone bills ("fadettes") lawyersincluding Mr. Dupond-Moretti, to identify a possible mole in the wiretapping affair involving former President Nicolas Sarkozy.
The former head of the PNF Eliane Houlette must thus appear before the disciplinary panel on September 26 and 27, after her former deputy Patrice Amar whose hearing is scheduled for September 20 and 21. A first magistrate, Ulrika Delaunay-Weiss, was definitively cleared by the CSM.