Justice annulled this Friday the decree renewing the judicial approval which allowed Anticor to intervene in cases of fight against corruption, a decision ” unjust and violent “, According to its leaders, who will challenge it.
” This is a direct attack on our ability to fight corruption effectively “, estimated Elise Van Beneden, president of Anticor since 2020, during a press conference.
“ The fight against corruption must continue. But, it must be conducted in an impartial, transparent and independent manner. “replied in a press release Claude Bigel and Yves Sassiaut, two dissidents of the association who had attacked the decree.
For the administrative court of Paris, the decree of April 2, 2021 which renewed Anticor’s approval, signed by the former Prime Minister Jean Castex, included a “ error of law “. He mentioned that “ lack of transparency » on a donation representing « nearly 17% of resources from Anticor in 2020 could cast doubt on [son] selfless and independent character » and that the association had « not, in the past, guaranteed the information of its members about his finances.
“ The court did not rule on the independence of Anticor at all »
But he granted the approval, observing that Anticor had “expressed the intention” of “ appoint an auditor “and planned” an overhaul of its statutes “. According to the court’s decision, the administration cannot “ grant approval to an association that does not meet the conditions on the basis that she “ committed to taking corrective action “.
” It is an error of law made by the cabinet of Mr. Castex. The court did not rule on the independence of Anticor at all “, underlined the president of Anticor. “ All the conditions were met “, added Vincent Brengarth, lawyer for Anticor, at the press conference, deploring that the “blunders of drafting” of the decree were ” exploited by the applicants “.
Nullity requests
Anticor is involved in 159 proceedings, according to its president, including the awarding of the World Cup to Qatar, the investigation for illegal taking of interests targeting the secretary general of the Élysée, Alexis Kohler, or that against Eric Dupond-Moretti before the Court of Justice of the Republic – reason why the renewal was signed by Jean Castex and not the Minister of Justice.
More recently, Anticor complaints led to lawsuits over the sale of Alstom’s energy business to General Electric and a preliminary investigation into Alexandre Benalla’s Russian contracts. Without the approval, it will be very difficult for it to initiate new proceedings and its presence will be called into question in the cases where the association had instituted civil proceedings after April 2021.
The defendants could also file requests for nullity concerning certain procedural acts, resulting in “ uncertainty and additional delays, underlined Elise Van Beneden. Anticor will challenge the decision before the Paris Administrative Court of Appeal and filed on Friday morning ” a new license application with the office of Prime Minister Elisabeth Borne, she added. If the error of law ” was involuntary, and we wish it, then the regularization will take place as soon as possible said Mr. Brengarth. Asked by AFP, Matignon confirmed the filing of a new request, simply indicating that it would be “ instructed by the competent services “. Two other associations have anti-corruption approval: Transparency International and Sherpa.
” We can not to pass from‘Anticor ! »
The court decision therefore caused a shock, particularly in the opposition who came to show their support during the press conference organized by the association. The Insoumise deputy Raquel Garrido does not take off. ” We can not to pass from‘Anticor ! “, she says. For her, Anticor is a necessity to fight against the disease of corruption.
The environmental deputy Julien Bayou sees him in this decision a new proof of a drift of power. “ It’s a dark day for wrestling vsagainst corruption in vsth country, mBut it’s a dark week for freedom of association. You have the loss of this approvalvyou have dassociations like Iare Supheavals of the earth that are dissolved. VSis really extremely serious.East-what the government wants to fight, yes or no against corruption ?She wants to do it, then, it must urgently renew the approval of‘ATnotticor “, he assures.
But the very principle of the issuance of the approval of associations by the government poses a problem according to Raquel Garrido. “ The fact that it is the executive, himself, whoauthorizes associations to act against persons who exercise governing power is a conflict of loyalty, it’s not possible. » The Anticor file could therefore bounce back to the Assembly, where the reform of justice will be studied in early July. And the president of the Les Républicains deputies, Olivier Marleix, already has a little idea in mind.
” It has to be the high-society-authority for transparency of public life which is responsible for dgrant this approval “, explainhe. A new accreditation system seen as a good idea by Nupes. Right and left could therefore for once make an alliance in this file.
(With AFP)