As a lawyer and practitioner of justice, I’ve spent the past decade dissecting the double disaster that has struck France’s judicial system. First, the material collapse: a neoliberal regime where the role of the state is no longer to safeguard public services—even in their sovereign functions—but to protect the Market and, ultimately, Capital. To the deliberate demolition of the welfare state was added the systematic underfunding of the justice system. Long the poor cousin in a country where administrative regulation has always carried more weight, the judiciary has been starved of the resources it would need to fulfill its mission properly. Statistics compared with other European countries reveal just how underfunded—indeed, how despised—this mission is in the eyes of France’s leaders. But another, even more corrosive phenomenon has taken root: the magistrates’ corps, drawn largely from the petty urban bourgeoisie—the social base of neoliberalism—has carved out a political role of its own. In clear violation of the Constitution and the principles of representative democracy, the judiciary has transformed itself into a separate political power, armed with an ideology that aligns squarely with neoliberalism. Through hundreds of articles and a hefty book, I have tried to warn about the grave danger posed by this so-called “Judicial Authority” turning itself into a full-blown “Judicial Power,” determined to impose its political vision on the French people. Regis’s Substack est une publication soutenue par les lecteurs. Pour recevoir de nouveaux posts et soutenir mon travail, envisagez de devenir un abonné gratuit ou payant. We saw the system at work with Emmanuel Macron’s rise to power. No one seriously disputes today that the judicial raid against François Fillon in spring 2017 paved the way for a complete unknown to enter the Élysée. That was the goal all along. Since then, the judiciary has carefully shielded Macron’s system, which often rests on massive corruption. None of the scandals that could have disqualified him—large or small—ever went anywhere. The sleeping files are endless: Alstom, McKinsey, Alexis Kohler, the Marianne Fund, Benalla, and so on. At the same time, this same judiciary has relentlessly pursued anyone who might stand in Macron’s way. Jean-Luc Mélenchon and Marine Le Pen know all about that. And just as relentlessly, it has cracked down on every social movement threatening the system—ask the Yellow Vests. Let’s not forget the incredible Dupond-Moretti circular after October 7, 2023, launching yet another ferocious assault on freedom of expression. Meanwhile, petty delinquency in the lumpenproletariat is met with indulgence—I’ve written about that elsewhere. Plowing the Sea?A few days ago, in a video interview about this judicial crisis, I confessed my disenchantment after ten years of this battle, echoing Bolívar’s famous words at the end of his life: “I have plowed the sea.” And now, with Nicolas Sarkozy’s conviction—a ruling that defies both legal principle and judicial common sense—disenchantment has given way to sheer dismay. First, because it reveals the judiciary’s determination to impose its political will directly on French society. That determination is the very hallmark of the “fascism already here,” the mutation of neoliberalism into authoritarianism. Second, because of the idiotic reactions from so-called political opponents of Macronism, who nonetheless cheer Sarkozy’s takedown. They forget that politics cannot be outsourced to judges. That’s just a way of dodging the real fights that need to be fought. Over the years, I’ve been accused of personally defending Fillon, Mélenchon, Le Pen, and now Sarkozy. Anyone who knows me understands how absurd that is—especially in Sarkozy’s case. But the stupidity on display here is precisely what’s expected: people rejoice at Sarkozy’s humiliation while ignoring the blatant violation of fundamental principles of French law that made it possible. And in doing so, they normalize a situation where Justice positions itself as a political weapon serving the ruling system. Sarkozy’s conviction cannot be separated from Macron’s installation at the Élysée, from the shielding of his corruption, from the persecution of his opponents, and from the brutal repression of social movements. It’s all of a piece. Throwing Meat to the PackAs for Sarkozy, his prosecutors have likely savored this as the grand finale of a vendetta two decades in the making. A saga of endless legal proceedings that revealed nothing new about his personal or political integrity—about which no one had illusions anyway—but spoke volumes about the militant obsession of these magistrates. “This time, without evidence, after a 20-year procedure (!), with a legal reasoning so absurd it borders on parody—we can finally humiliate him and throw him in jail. And as usual, the pack will be pleased.” And indeed, the crowd rejoices: “Be glad, good people, we’ve tossed you a rancid scrap of meat to tear apart. Meanwhile, Macron’s banquet rolls on.” Of course, everyone hails this diversion, this judicial arbitrariness, while forgetting that Macron’s gang remains untouchable. Sarko, a political thug? No kidding! But beyond being a has-been, a judiciary that feels entitled to anything is far worse. Fascism is arriving—but because its first blow lands on Sarkozy, the fools cheer. For them, outsourcing politics to the judiciary is so much easier than fighting for real. And that’s the system’s key: a people who, instead of rising against the unbearable, scramble for the scraps tossed by a judiciary enslaved to neoliberalism. Fine. We’ll keep hammering what ought to be obvious—but frankly, we’re getting fed up. Avant de partir, merci de m’offrir un café. Regis’s Substack est une publication soutenue par les lecteurs. Pour recevoir de nouveaux posts et soutenir mon travail, envisagez de devenir un abonné gratuit ou payant. Vous êtes actuellement un abonné gratuit à Regis’s Substack. Pour profiter pleinement de l'expérience, améliorez votre abonnement.
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