2023-11-21 12:48:38
Joël Guerriau is more than ever persona non grata. The President of the Senate Gérard Larcher called this Monday on the elected representative of Loire-Atlantique to “withdraw from all his activities linked to his mandate as senator”. Joël Guerriau, already suspended by his parliamentary group and by the Horizons party, is suspected of having drugged MP Sandrine Josso in order to abuse her. He “was indicted and placed under judicial supervision”, also recalls the press release from the presidency of the Senate.
The latter adds that “the senator being a litigant like the others, he must answer for his actions before the judge” while mentioning that “the presumption of innocence” applies to Joël Guerriau. But what does the regulation provide for in these cases? Le Parisien takes stock.
Is Joël Guerriau covered by parliamentary immunity?
“Parliamentary immunity does not prevent the opening of an investigation, or even the initiation of prosecutions,” recalls the Senate website. Joël Guerriau, like any senator, was therefore not protected against the opening of the investigation.
Parliamentary immunity is defined by article 26 of the Constitution. It is distinguished between the principles of irresponsibility – which protects the senator in the exercise of his functions, in particular on his opinions or his votes – and inviolability, which applies to the case of Joël Guerriau. The Constitution defines the latter as follows: “No member of Parliament may be subject, in criminal or correctional matters, to arrest or any other measure depriving or restricting liberty except with the authorization of the office of the assembly of which he is a part. The Senate office – composed of 26 people – can therefore vote for the lifting of inviolability.
Except here, he didn’t have to. A flagrant investigation was opened against Joël Guerriau, the acts of which he is accused have just been committed. “Authorization to lift inviolability does not have to be requested from the Senate office in this type of case,” explains Christophe Boutin, professor of public law at the University of Caen Normandy. In other words: the principle of inviolability does not apply when a flagrant investigation is opened.
What if Joël Guerriau is cleared following the legal proceedings? “The classic rules apply again,” assures Christophe Boutin. In short, he regains his parliamentary immunity and becomes a senator like the others again, provided that he has not resigned in the meantime.
Why is it not suspended by the Senate?
In his press release, Gérard Larcher asks Joël Guerriau to “stand back”. “The President of the Senate cannot suspend a senator,” assures Christophe Boutin. This is confirmed by the presidency of the upper house, according to which, “only justice could, if necessary, remove him from his parliamentary mandate, at the end of the criminal procedure”.
VIDEO. Senator Joël Guerriau in police custody, suspected of having drugged a deputy with a view to sexual assault
Joël Guerriau can therefore continue to exercise his functions, there being nothing prohibiting him in the Parliament’s text. Suspended by his parliamentary group, he will nevertheless have to sit among the non-registered. “Which does not force him to resign from the Senate office”, underlines Christophe Boutin, Joël Guerriau being “secretary in the Senate office and vice-president of the committee on foreign affairs, defense and armed forces”. The only change: a loss of political weight. “For example, it will be more complicated for him to ask questions to the government” as the groups have priority, notes Jean-Philippe Derosier, professor of law at the University of Lille and constitutional expert.
Only a judge could force Joël Guerriau to leave office. “If he is convicted criminally and the courts add a penalty of ineligibility, he will automatically lose his mandate,” explains Christophe Boutin. “The sentence must nevertheless be final (after all possible appeals) and noted by the Constitutional Council,” specifies Jean-Philippe Derosier. In this case, he could stand for re-election in future senatorial elections if the penalty of ineligibility against him has expired at the time of these elections.
Does he continue to receive his compensation?
Yes. “His compensation is linked to his work as senator, he will only lose it if he resigns,” confirms Jean-Philippe Derosier. According to the website of Senatethis amounted to a total of 7,605.70 euros gross as of July 1, 2023, to which are added other compensation linked to his functions within the Senate office.
“If he withdraws, no longer sits or no longer attends the meetings where he must be, salary reduction measures can be taken,” continues Jean-Philippe Derosier. According to Christophe Boutin, this can range from part of his salary to its entirety.
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