2023-06-23 14:18:54
Anticor’s approval allowing the association to take legal action has been “cancelled with retroactive effect from April 2, 2021”, Élise Van Benden, president of Anticor since 2020, told AFP on Friday. , confirmed by the plaintiffs’ lawyer Frédéric Thiriez, who makes Anticor leaders fear “very negative impacts” for several politico-financial affairs in progress.
Anticor intends to file two appeals before the Paris Administrative Court of Appeal, added the manager: one to challenge the substance of the decision and one “to request that the effects of the decision be suspended” in time. These appeals not being suspensive, “a request for new approval” will be quickly filed, specified the lawyer. The association will hold a press conference in Paris on Friday at 4:00 p.m., in the presence in particular of “Nupes and LR deputies who support the association”, she added.
Anticor’s anti-corruption approval was canceled by the Administrative Court with retroactive effect from April 2, 2021. This cancellation constitutes a serious attack on democracy, as well as freedom of association.#JeSoutiensAnticor
— Anticor (@anticor_org) June 23, 2023
Stifling freedom of association
Anticor’s legal approval allows it to initiate proceedings by filing a complaint with civil action, which leads, with some exceptions, to the opening of a judicial investigation. It also allows him to become a civil party in anti-corruption proceedings already in progress and thus to access the file, to transmit documents, requests for acts or hearing of witnesses to the investigating judge.
The association, created in 2002, is currently involved in 159 ongoing proceedings, according to its president. Two other associations have this possibility: Sherpa and Transparency International. “This decision illustrates a general movement which tends to stifle freedom of association”, commented on Twitter the association Sherpa. Vincent Brengarth, lawyer at the Paris Bar, denounces for his part “a cataclysm for freedoms and democracy”.
“Anticor, they only do that”
Fabrice Arfi and Tristan Waleckx, respectively journalists at Médiapart and France 2, recall the words of Emmanuel Macron interviewed by France 2 on the sidelines of the Complément d’Enquête program. The president strongly attacked the association: “I can destroy anyone with a question of setting an example. Tomorrow, I can do a procedure for you. Anticor, they do just that”.
Anticor loses its license
Alongside our #ComplementDenquete on Alexis Kohler (indicted following a complaint from Anticor), Emmanuel Macron attacked the association:
“I can destroy anyone with a question of exemplarity. Anticor they do just that” pic.twitter.com/RbTPk6gPET
— Tristan Waleckx (@tristanwaleckx) June 23, 2023
An “error of law”
Anticor’s approval was renewed by decree in April 2021, after months of uncertainty. But two dissidents of the association had seized administrative justice in June 2021, considering that the renewal procedure had been irregular and that Anticor did not meet the conditions required by the approval: independent and disinterested nature of its activities, information of its members on management, etc.
At the hearing, on June 12, the public rapporteur, whose opinion is often followed, had concluded that the authorization was canceled, considering that the contested decree was “clearly tainted” by an “error of law “. The law “does not provide for the possibility for the administration to override non-compliance” with the conditions necessary to obtain approval “on the pretext that the association would undertake to comply with them for the future”, she had argued in particular.
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