Legal lightning strikes the Fillon couple

A real indictment. Even more severe than that pronounced in March by the National Financial Prosecutor’s Office. ” Job of convenience », « personal enrichment », « breach of the duty of probity and exemplarity »… The words click this Monday, June 30. And Nathalie Gavarino, the president of the 32e correctional chamber, uses heavy artillery to render the judgment against François and Penelope Fillon, both ultimately severely condemned. Five years in prison, three of which were suspended for him, or two years in prison. And three years suspended for her. With a bonus a fine of € 375,000 for each of them. Exactly the same penalties as those requested by the prosecution at the end of the trial.

A trial in a heavy atmosphere

It was just before confinement that this Fillon trial was held. In a heavy atmosphere. During the nine days of the hearing, the former Prime Minister had tried to convince the court of the reality of the work of his wife as parliamentary assistant, from 1998 to 2013. First in his service and then that of Marc Joulaud, his substitute who became a deputy from 2002 to 2007. Willingly scrap metal worker, François Fillon had explained that Penelope’s work, carried out in the shadows and more often than not at his home in Sarthe, had been as precious as it was consistent.

→ EXPLANATION. Fictitious jobs: François Fillon sentenced to two years in prison

This is clearly not the opinion of the court which, first of all, chose not to accept the reopening of the proceedings requested by the defense of François Fillon after the statements of the former head of the PNF, Éliane Houlette, on the “Pressures” of his hierarchy during the survey launched in early 2017 (The cross June 22). Lawyers for the former Prime Minister hoped to demonstrate that the PNF had acted with political motives and without impartiality. Unfortunately, today, the court takes over all the arguments of financial prosecutors.

“There is no logic in recruiting Ms. Fillon”

And it stings in the courtroom. Because if she speaks in a monotone voice, Nathalie Gavarino is ruthless with the couple Fillon. She certainly recognizes that Penelope has always supported the political career of her husband. But according to the court, this was limited to participation in a few local demonstrations in the Sarthe and a “Physical transmission” mail to which she did not reply. “ There is no logic in recruiting Ms. Fillon “Nathalie Gavarino maintains, noting that neither the file, nor the hearing, nor the documents brought by the defense” only allowed to update »The reality of his work for which Penelope Fillon has received more than a million euros gross in fifteen years.

But it is especially on François Fillon that falls the lightning of the court. According to him, the former leader of the right knowingly acted to recover for his benefit the ” maximum funds Made available to it by the National Assembly to pay its parliamentary staff. ” Ms. Fillon has always been paid as much as possible “Notes Nathalie Gavarino, estimating that the former Prime Minister did “Prevail his personal interest over the common interest”. Even the reality of the work of the two children of François Fillon, whom he had hired as assistants between 2005 and 2007 when he was a senator, is partially disputed by the court.

One million euros in damages for the Meeting

Just before announcing the sentences, the president castigates the “ breach of probity and exemplarity By François Fillon. ” By virtue of your duties and your experience of political life, you should have perceived this growing requirement more acutely “, Says Nathalie Gavarino, who is also fighting Penelope Fillon. ” Given your level of qualification and your legal training, you could not ignore that by receiving this undue remuneration, you were committing particularly serious offenses. »

→ BENCHMARKS. Fillon case: fictitious job revelations at conviction, key dates

Found guilty of embezzlement of public funds, François Fillon therefore received two years in prison but remained free pending his appeal trial. He is also sentenced to ten years of ineligibility and will, with his wife, pay the National Assembly one million euros in damages. Beaten this weekend in the municipalities of Sablé-sur-Sarthe, Marc Joulaud, he is sentenced to three years suspended and five years of ineligibility.

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“A judgment without measure”

Me Antonin Lévy, lawyer for François Fillon

“This judgment is just a copy and paste of the indictment of the National Financial Prosecutor’s Office. It is without measure and does not comply with the law or the reality of the facts. At no time did the court heed the defense arguments. It even sweeps away, in a lapidary page, our demonstration on the attack carried in this case, in our opinion, with the principle of the separation of the powers. We have of course appealed and we will make sure during this second trial to demonstrate the ubiquitous and oriented conditions in which this investigation was conducted from the start. “

Collected by Pierre Bienvault

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Legal lightning strikes the Fillon couple

A real indictment. Even more severe than that pronounced in March by the National Financial Prosecutor’s Office. ” Job of convenience », « personal enrichment », « breach of the duty of probity and exemplarity »… The words click this Monday, June 30. And Nathalie Gavarino, the president of the 32e correctional chamber, uses heavy artillery to render the judgment against François and Penelope Fillon, both ultimately severely condemned. Five years in prison, three of which were suspended for him, or two years in prison. And three years suspended for her. With a bonus a fine of € 375,000 for each of them. Exactly the same penalties as that requested by the public prosecutor at the end of the trial.

A trial in a heavy atmosphere

It was just before confinement that this Fillon trial was held. In a heavy atmosphere. During the nine days of the hearing, the former Prime Minister had tried to convince the court of the reality of the work of his wife as parliamentary assistant, from 1998 to 2013. First in his service and then that of Marc Joulaud, his substitute who became a deputy from 2002 to 2007. Willingly scrap metal worker, François Fillon had explained that Penelope’s work, carried out in the shadows and more often than not at his home in Sarthe, had been as precious as it was consistent.

→ EXPLANATION. Fictitious jobs: François Fillon sentenced to two years in prison

This is clearly not the opinion of the court which, first of all, chose not to accept the reopening of the proceedings requested by the defense of François Fillon after the statements of the former head of the PNF, Éliane Houlette, on the “Pressures” of his hierarchy during the survey launched in early 2017 (The cross June 22). Lawyers for the former Prime Minister hoped to demonstrate that the PNF had acted with political motives and without impartiality. Unfortunately, today, the court takes over all the arguments of financial prosecutors.

“There is no logic in recruiting Ms. Fillon”

And it stings in the courtroom. Because if she speaks in a monotone voice, Nathalie Gavarino is ruthless with the couple Fillon. She certainly recognizes that Penelope has always supported the political career of her husband. But according to the court, this was limited to participation in a few local demonstrations in the Sarthe and a “Physical transmission” mail to which she did not reply. “ There is no logic in recruiting Ms. Fillon “Nathalie Gavarino maintains, noting that neither the file, nor the hearing, nor the documents brought by the defense” only allowed to update »The reality of his work for which Penelope Fillon has received more than a million euros gross in fifteen years.

But it is especially on François Fillon that falls the lightning of the court. According to him, the former leader of the right knowingly acted to recover for his benefit the ” maximum funds Made available by the National Assembly to remunerate its parliamentary staff. ” Ms. Fillon has always been paid as much as possible “Notes Nathalie Gavarino, estimating that the former Prime Minister did “Prevail his personal interest over the common interest”. Even the reality of the work of the two children of François Fillon, whom he had hired as assistants between 2005 and 2007 when he was a senator, is partially disputed by the court.

One million euros in damages for the Meeting

Just before announcing the sentences, the president castigates the “ breach of probity and exemplarity By François Fillon. ” By virtue of your duties and your experience of political life, you should have perceived this growing requirement more acutely “, Says Nathalie Gavarino, who is also fighting Penelope Fillon. ” Given your level of qualification and your legal training, you could not ignore that by receiving this undue remuneration, you were committing particularly serious offenses. »

→ BENCHMARKS. Fillon case: fictitious job revelations at conviction, key dates

Found guilty of embezzlement of public funds, François Fillon therefore received two years in prison but would remain free pending his appeal. He is also sentenced to ten years of ineligibility and will, with his wife, pay the National Assembly one million euros in damages. Beaten this weekend at the municipal level in Sablé-sur-Sarthe, Marc Joulaud, he is sentenced to three years suspended sentence and five years of ineligibility.

———————-

“A judgment without measure”

Me Antonin Lévy, lawyer for François Fillon

“This judgment is just a copy and pasted from the National Financial Prosecutor’s Office. It is without measure and does not comply with the law or the reality of the facts. At no time did the court heed the defense arguments. It even sweeps away, in a lapidary page, our demonstration on the attack carried in this case, in our opinion, with the principle of the separation of the powers. We have of course appealed and we will make sure during this second trial to demonstrate the ubiquitous and oriented conditions in which this investigation was conducted from the start. “

Collected by Pierre Bienvault

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“There will be a lot of legal recourse”

La Croix: What legal lessons do you draw from the unprecedented way in which these 2020 municipal elections took place?

Romain Rambaud: Our electoral law was not prepared for a crisis situation. In other countries, there are provisions that allow the postponement of elections or the extension of mandates in an emergency. Such arrangements do not exist with us, hence the psychodrama of the week preceding the first round. We have an archaic electoral law that sent us into the wall. The crisis also revealed the archaism of the electoral operations themselves: no postal voting, nor advance voting (1).

→ LIVE. Reactions and analysis after the second round of municipal elections

Despite everything, in this exceptional situation, we faced. The two-round ballot did not come out weakened, the rule of law was respected, there was no abuse by the public authorities.

Was the postponement of the second round the right choice?

R. R. : He made consensus in the political class, which widely adopted the emergency law. The delay between the two turns was proportionate. Conversely, the postponement of the entire election, in the absence of consensus and a legal basis, would have created a catastrophic precedent. We can simply regret that the constitutional uncertainty lasted so long.

The Constitutional Council finally validated this postponement last week. A posteriori, can we say that the executive has won its bet?

R. R. : It was a gamble, but validation by the Constitutional Council was the most likely hypothesis. There was the theory of exceptional circumstances, the validation of the Council of State, and a political consensus which is the first thing to favor by international standards.

→ FIND the results of the second round of the 2020 municipal elections, city by city

I also regret that jurists, yielding to the ease of the buzz, have predicted in a decided and ill-supported manner the unconstitutionality of the law. This may suggest that the Constitutional Council acted out of sympathy with the executive, when this is not the case.

The Constitutional Council, however, opened the possibility of appeal on a case-by-case basis on the basis of abstention. Will there be many?

R. R. : There were already many in the first round (Editor’s note, several thousand), there will be on the second. The Constitutional Council, while referring to the electoral judges, indeed opened the door to a different analysis of abstention. In the case law, abstention was neutralized, unless it affected the candidates unevenly.

→ THE FACTS. 2020 municipal second round: 34.67% participation at 5 p.m.

This position seems wise to me and does not introduce a precedent for future elections because it is limited to the Covid-19 crisis. However, to avoid arbitrariness, a decision of the Council of State will be needed to harmonize these decisions.

Are we going to evolve on the question of remote voting?

R. R. : I know that a working group will be set up in the National Assembly on postal voting. However, this does not seem to be a priority.

→ ANALYSIS. Municipal 2020: green wave and abstentionist tidal wave

In France, we are very conservative on these questions, in particular because there is little research on electoral law. However, postal voting is not exotic, it is very common in many countries (Editor’s note, such as Switzerland, Germany or the United Kingdom). More modern tools are urgently needed.

The majority claims to have “hastened” the second round of municipal elections in order to be able to set in motion the economic recovery. Now, we are talking about a postponement of regional, for similar reasons. Is there not a risk of drift?

R. R. : The postponement of the elections is in fact fairly standard, it is even surprisingly easy. The constitutional case law on the subject is rather comprehensive. The municipal elections of 2008 or the regional elections of 2015 were postponed for reasons of electoral calendar which were far from constituting force majeure.

To my knowledge, economic recovery has never been judged as a reason for postponement. This could be justified, depending on the severity of the economic crisis, for a delay of a few months. A postponement after the presidential elections of 2022, on the other hand, seems to me much more questionable.

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Suspense over the judgment in the Fillon case

► Why is it not safe to have the judgment Monday, June 29?

Following the trial, following the trial in March, the judgment of François Fillon, his wife Penelope and his former deputy in the National Assembly Marc Joulaud is expected to be returned to the Paris Correctional Court on Monday, June 29.

→ READ. Fillon case: controversial judicial reports

But recent statements by Éliane Houlette, former patron of the National Financial Prosecutor’s Office (PNF), now retired, have changed the situation. On June 18, before a commission of inquiry of the National Assembly on the independence of the justice, she explained that she had undergone many early 2017 “Pressures” of his hierarchy, via the Attorney General, who wanted to have a “Fast transmission” various investigative acts concerning François Fillon, then in the midst of the presidential campaign.

These requests for feedback of judicial information are legal and relatively common. But since this Prosecutor’s Office is under the supervision of the Ministry of Justice, some have then considered that the “ pressures “Evoked are proof that the Fillon affair was indeed used politically. To put an end to the controversy, Emmanuel Macron asked the Superior Council of the Judiciary for an opinion.

Defense lawyers, who believe that the investigation has always been a charge, have seized this new episode to request the reopening of the proceedings, so as to admit the statements of Éliane Houlette, as well as the future opinion of the Superior magistrate counsel.

It is therefore up to President Nathalie Gavarino to respond to this request, from Monday June 29 at 1:30 pm If she refuses it, she will render her judgment. If she accepts, the deliberation could be postponed for several months.

► What are the facts that led to the trial?

January 25, 2017, while François Fillon is LR candidate in the presidential election, The chained Duck reveals that Penelope Fillon was employed as parliamentary assistant to her husband and then to her deputy Marc Joulaud, from 1998 to 2007 for a total amount of € 500,000. The article adds that Penelope Fillon also benefited from a fictitious job between May 2012 and December 2013 at the Revue des deux Mondes, property of billionaire Marc Ladreit de Lacharrière, a close friend of the couple.

→ BENCHMARKS. Fillon case: fictitious job revelations at the request to reopen the trial, key dates

The same day, the national financial parquet, suspecting a fictitious job, opens an investigation for “Embezzlement of public funds, misuse of corporate assets and concealment of these crimes”.

The candidate then greets a “Particularly quick decision” who “Will silence a slander campaign”. The next day, he said he would give up if he was indicted.

1is February, The chained Duck publishes a new article revealing that Penelope Fillon has in fact been employed since 1988 and has received a total of more than € 900,000 gross. Two of her children, Marie and Charles, were employed as parliamentary assistants from 2005 to 2007.

On February 2, France 2 broadcasts extracts from an interview granted in May 2007 by Penelope Fillon to Daily Telegraph, in which she declares to have ” never been the assistant ” from her husband.

On March 5, as defections accumulated on the right, François Fillon declared on France 2 that ” no one “Cannot” prevent being a candidate ».

On March 14, he was indicted for “Embezzlement of public funds”, “concealment and complicity in the abuse of social property” and “Breach of reporting obligations to the High Authority for the transparency of public life”. On March 28, it was Penelope Fillon’s turn to be indicted, in particular for “Complicity and concealment of embezzlement of public funds”.

On April 23, after a campaign greatly disrupted by the affair, the candidate of the right came third by obtaining a little more than 20% of the votes.

► How was the trial?

Questioned by the court from February 26 to March 9, the Fillon couple tried to convince of the reality of the work of parliamentary assistant of Penelope in the service of François. Each in his own way, him all returned anger, she more shy. The salaries mentioned represent € 613,000 net of public money for three contracts between 1998 and 2013. According to the defense, it managed its local agenda and the mail, was a « relais » and “Eyes and ears” from her husband in the riding. The spouses produced testimonies from former collaborators or attestations from 34 inhabitants or elected officials of Sarthe.

But tangible evidence of this work has remained tenuous. Thus, at no time were written traces of written notes produced. Penelope Fillon also did not remember the names of the many people received. In addition, in Sarthe, obviously, neither the journalists nor the elected officials nor the inhabitants, nor even the other collaborators knew that Penelope Fillon was the assistant of her husband.

Unconvinced, the two prosecutors of the National Financial Prosecutor’s Office (PNF) pronounced, the March 10 and 11, 2020 heavy requisitions, asking for five years in prison, including three years suspended, € 375,000 fine and ten years of ineligibility against François Fillon. For his wife, they demanded the same fine and a three-year suspended prison sentence. Finally, against Marc Joulaud, the Public Prosecutor’s Office asked for a two-year suspended sentence and a € 20,000 fine. The lawyers are pleading for release.

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The justice seizure of a trafficking of antiquities

An expert in archaeology is known and an art dealer, were indicted Friday in Paris in a major investigation into trafficking of antiquities looted from the country in the Near and Middle East in favor of political unrest, according to AFP citing Saturday to several sources.

Christophe Kunicki, an expert in mediterranean archaeology, and Richard Semper have been indicted for fraud by organized group, criminal association in view of the preparation of crimes and offences punishable by 10 years imprisonment, money laundering by organized group and forgery and use of forgery, according to a justice source and a source close to the folder.

Presented to a judge of freedoms and detention, they were not incarcerated and were released under judicial control.

A sweep resounding

The two men – who are married – were arrested and placed in police custody with three other suspects on Monday and Tuesday during a sweep that has been resounding in the middle usually discreet of the art market and antique shops in paris.

The three other suspects – the president of the house Pierre Bergé & Associés, a former curator of the Louvre and a famous parisian gallery owner of the left bank – were released without being presented to the investigating judge Jean-Michel Gentil, in charge of this investigation entrusted to the central Office for the fight against traffic in cultural goods (OCBC).

Christophe Kunicki and Richard Semper, figures from the world of antiques in the French capital, considered one of the strongholds worldwide, are suspected of having “bleached “ archaeological objects looted in several countries plagued by instability since the beginning of 2010 and the emergence of the arab Spring : Egypt primarily, but also Libya, Yemen or Syria.

Hundreds of pieces

According to sources close to the matter, this traffic would have affected hundreds of parts and would be many tens of millions of euros.

“The question is to know if these parts are removed lawfully or not of the countries concerned “according to these sources, “possibly for the control of certain territories by this or that armed group “.

The officers of the OCBC seek to verify if these personalities with “pignon sur rue “ have been able to wear makeup, with the help of intermediaries on the spot, the origin and history of these works, then selling legally to individuals, but also to major cultural institutions such as The Louvre Abu Dhabi or the “Met “ New York.

A sarcophagus looted in Egypt

A specialist in mediterranean archaeology and member of the committee of the French Society of Egyptology, Christophe Kunicki had already seen his name and that of her husband related to a case of sarcophagus looted in Egypt in 2011.

After transiting through Dubai, Germany, and then Paris, the sarcophagus of the priest Nedjemankh had been sold at the Met in 2017, for € 3.5 million by Christophe Kunicki.

The center-piece of an exhibition at the Met bears his name, he was eventually returned solemnly to Egypt in 2019 after an inquiry has established that it had been stolen the year of the uprising against president Hosni Mubarak.

Contacted by AFP, the lawyers of the couple, My Emmanuel Marsigny and Cyril Gosset, have not wished to make statements.

A resolution of the united nations

In 2015, the security Council of the UN adopted a resolution banning trade of goods removed illegally from Iraq and Syria, and imposed on all member States to take measures to prevent such traffic. This resolution incorporates the traffic to the financing of terrorism.

In Libya, Syria or Yemen, countries that are still today torn apart by armed conflict, the security failing has promoted the excavations, the looting of museums and the trafficking of antiquities.

According to Gilles de Kerchove, coordinator of the EU for the fight against terrorism, a large number of antiquities stolen from Syria and Iraq during the “caliphate “ of Daech have also been hidden in the area, waiting to be resold.

In Egypt, the attempts of the smuggling of antiques had multiplied after the fall of Mubarak during the revolt of 2011.

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Series of arrests in connection with an illicit market for gold (JIRS Nancy)

An important traffic gold that can reach several tens of millions of euros between France and Germany, has been dismantled. Collectors collect gold from thieves jewelry that they melted to form pellets.


Crime knows no border. Fourteen people were indicted by the investigating magistrate of the heads of the “handling of stolen goods, organised robbery, money laundering, aggravated and participation in a criminal association for the preparation of an offence that is punishable by 10 years imprisonment“in the framework of an extensive illicit trade of gold between France and Germany which could reach several tens of million euros, a-t-on learned from the floor of the Jirs of Nancy, in a press release. At the end, eleven people were remanded in custody andthree under judicial control.

A series of arrests in the departments of the Côte d’or, of the Marne, in the Jura, Bouches-du-Rhône

This investigation originally opened to a judge of instruction previous and recovery after divestiture by ainvestigating judgeof the JIRS of Nancy emphasized “an extensive illicit market for gold organized as a pyramid. Collectors of gold recovered from robbers of jewelry that they melted to form pellets. Collectors were then tasked with retrieving those pellets to sell to a company redemption gold located in Germany“says the Jirs.

Under the aegis of the investigating judge of the Court Inter-regional Specialized (JIRS) of Nancy, 20 arrests were carried out between may 19 and June 22, 2020 by the Research Section of Dijon in conjunction with the Central Office for the Fight against Delinquency Goodwill (OCLDI), the Groupement inter-regional de Bourgogne (IRM) and the brigades local to the dismantling of a vast parallel system of gold trade in the departments of the Côte d’or, of the Marne, in the Jura, Bouches-du-Rhône.

The raids have resulted in the “the seizure of 29 kg of gold with a market value of 1 487 032 euros and 101 kg of silver powder with a market value of 60 to 120 €“said the court. Were also seized twelve vehicles, of a total value of 340 000 € as well as a thirty-watches luxuries and 121 of 169 euros in cash.

The investigations are going on, especially on the operations of the accounting documents seized during the house searches conducted in Germany and Belgium.

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The offence of breach of the containment approved by the constitutional Council

Not to comply with the containment is a crime, according to the sages. The constitutional Council has validated this Friday, the criminal offence of breach of containment, created by the law of the state of a health emergency, a crime denounced as “tinkered “ but determined to be sufficiently accurate and, therefore, “compliant “ to the basic Law.

The Board “judge that the legislator has adequately determined the scope of the obligation “ made to the citizens and “dismiss the complaint alleging breach of the principle of legality of criminal offences and penalties “, he explained in a press release.

The offence created by article L. 3136-1 of the French public health code provides that a person verbalized more than three times for breach of the containment in a time frame of 30 days is punishable by a sentence of six months imprisonment and a 3,750 euro fine.

A “need to display” repressive

The sages were seized by the Court of cassation, which examined in may a number of priority issues of constitutionality (QPC) for this article.

In front of the constitutional Council, the lawyers of the applicants had étrillé a text adopted in “precipitation “the “one-upmanship “responding to a “need to display “ repressive, and that had seriously undermined the human rights, including that of a “effective remedy “.

They had indeed noted that the legal time limit for contesting the ticket was 45 days (and increased to 90 under a state of emergency), while the new offence provides for a repetition of the offence (more than three times) “within 30 days “.

What would happen to a man sentenced to jail in case of cancellation of one or all of its citations contested within the legal time limits, had they asked.

The outputs of” exception ” in question

They were also asked about the definition of a “family reasons, urgent “ or a “the purchase of first necessity “, reasons that could justify the output, demonstrating citation for purchase “a pregnancy test “ or “protections hygienic “.

The Council has decided, and judge that “nor the concept of verbalization, which refers to the process of drawing up a report of the offence, or the reference travel is strictly necessary for family needs and health are of vagueness or equivocation “.

In addition, “by retaining as a constitutive element of the offence that the person has been previously verbalized on more than three occasions, the legislature has not adopted the provisions imprecise “. In particular, emphasizes the Council, “these provisions do not allow a same output, which constitutes a single violation of the prohibition to go out, can be verbalized on several occasions “.

The constitutional Council also notes that the legislature has already made “two exceptions to the travel is strictly necessary to the needs of family and health “ and that it “has not excluded that the regulatory authority provides for other exceptions “.

A judgment ” for the future “

The applicants, who wished to censure, immediate, had challenged the constitutional Council on the future : “You don’t judge only for the past “ but also “for the future “launched the lawyer Bertrand Périer. “The repressive system remains “was it, stressing that there were still “constraints “as the mask-wearing compulsory in the transport, and thus a potential punishment at the time “illegal “ and “disproportionate “.

During the confinement, when all the travel, non-essential were banned, 1.1 million of fines have been upright for more than 20 million checks, according to an assessment given in mid-may by the minister of the Interior, Christophe Castaner.

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“So we used the Cencelli in the judiciary” – The Time

“In politics you use the manual Cencelli for the assignment. Let’s say that we used the same manual, even in the judiciary”. And’ one of the declarations made by Luca Palamara, host of Tg2 Post, on the day he and nine other magistrates, the general Prosecutor’s office of Cassation has asked for a disciplinary procedure.

“In the hearing of a disciplinary, he explained, Palamara – there will be an opportunity to clarify publicly the many aspects. For now, I can say that the role that I was praying led inevitably to the agreements with the other currents of the judiciary and, clearly, with the components, lay the Csm and with their political leaders…”.

Palamara has denied then that all the people who came to him – the world of politics, sports, entertainment – the do to ask for favours. “If anything, I asked for advice, information on the working of the justice, and why there were certain distortions, about why certain judgments arrived late…”. “They asked me all advice, he added,” also the vip because I knew as a leader of the national football team of judges”.

“The housing development? Was all in the room 42 of the Csm, where he is taking the decisions,” said Luca Palamara, who said he was convinced of the fact that the judiciary should be “open also to other worlds.”

Then, again, a hint to the pm Nino Di Matteo, among his accusers: “I Want to point out that Matthew – he said Palamara – is not excluded from my person, but from the system of currents”. Finally, Francesco Cossiga: “I attacked because I was defending the prosecutors of Santa Maria Capua Vetere items asking about the then minister Clemente Mastella”.

Finally, on the allegations of corruption: “I am accused of having received 40 thousand euros for an appointment that never happened. The Trojan in my phone has only discovered the facts of private life, and that there were agreements between the currents”.

Then the magistrate wanted to put some doubts on the manner in which you conducted the investigation on his behalf: “The public Prosecutor of Perugia had ordered that the microphones that I controlled had to be turned off in the moment in which I had to have dialogues with the parliamentarians. However, this is not success. Why? Me wonder and if the wonder of my lawyers…”.

Finally, Palamara said he feel they do not deserve to be terminated and gave rise to the chaos of the judiciary 2007: “that year it was changed to the organisation of the judiciary and of the criterion of seniority for access to posts was replaced by that of merit. Since then began the frantic race of all the careerism. The soldiers wanted to become generals, each one felt better than the other. In this context, I simply tried to grow the group that I was part of…”.

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Suspects indicted after the death of Ahmaud Aberey

Drei white men have been charged after the death of the black Joggers Ahmaud Arbery in the American state of Georgia four months ago, among other things, for murder. A Grand Jury had indicted each in nine points, said the Prosecutor of the district of Cobb County, Joyette Holmes, on Wednesday (local time) at a press conference. “This is another great step in order to gain justice for Ahmaud,” said Holmes.

Arbery was Jogging on the 23. February in the town of Brunswick killed. The investigation came after more than two months later, when the case gained by a disturbing cell phone Video wide attention.

At the beginning of may, the 64-year-old Gregory M. were and be taken 34-year-old son Travis firmly. According to investigators, the suspects Arbery had followed initially with their vehicle, and then with firearms confronted. The autopsy report, according to Arbery of two shots was hit with Buckshot at close range in the breast, a third shot grazed his right wrist. The third Suspect has filmed the act, according to the Criminal GBI.

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group actions without borders, “very good news” for the UFC-que choisir

The Cross : The negotiators of the european Parliament and the european Council are reached in the June 22 agreement on collective redress in all member States. That means this term ?

Raphael Bartlomé : What Brussels called a ” class action “, it is the action group for which the associations of consumers, such as UFC-que choisir, fought to be included in the French law. This is the case since 2018. An important precision, because the term “class action” can be confusing when so-called legal entities, for commercial use in France to offer consumers recourse to justice. If 200 consumers respond to the proposal, this entity will launch 200 trials !

→ TO READ. The UFC-que choisir is launching a group action against Google

The group action, it must be committed in France by an association of unselfishness on behalf of aggrieved consumers. It must first prove to the court that there has been a finding of professional misconduct. Once the justice has recognized, it is possible to communicate for victims to come forward, and then obtain compensation for each of them.

What is the scope of this agreement between negotiators of the various brussels institutions ?

R. B : This is a very good news because there are only 19 member States of the european Union, offer consumers the possibility of such legal action. I think that today there is a good alignment of the stars for this agreement is now endorsed by the Council and the european Parliament, and that every country has a common base to fight against the evil practices of the professionals. Of course, the UFC-que choisir will ensure that base is the best saying possible and that it translates in the best way possible in the French law.

The group action to the French is not satisfactory ?

R. B : Far away, especially if we compare with what happens in Portugal, for example. The Portuguese have opted for processes that are highly flexible, fairly homogeneous, and which make it possible to launch group actions on multiple topics. The national Assembly is working on how to improve our device.

EU : group actions without borders,

In France, the group shares can only relate to cases pertaining to personal data, the environment, health and consumer law. But for each of these themes, the harm to be compensable may be different. It is a bit of a patchwork of legislation.

The “dieselgate” is a good example. In France, a group action in the domain of consumption can lead only to compensation for economic damages. However, it has not been the case for the consumers in this case. They have been seriously deceived, but that has not cost a penny.

Another example : France has opted for that only victims that are known to be indemnified. This is what is called the ” opt-in “. Other countries, such as Portugal, have opted for the ” opt out “. That is to say, for the possibility of a search who are the victims of poor business practices and to indemnify them even if they do not occur. It should, therefore, be that the widespread european is also an opportunity to improve practices.

Europe would also like to that the actions of the group are trans-european.

R. B : It is a very good thing because in the european Bureau of consumers, of which we are members, is often confronted with difficulties due to different legal interpretations of each country. However, the poor business practices of large corporations do not know, they, of borders.

→ TO READ. The european Centre of consumption, an ally in the event of a trade dispute

It can therefore be hoped that the decision of a court in a member State is valid in the other 26. This international power of justice would be probably even better to think about some companies.

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