The NGO Anticor deprived of its approval by the administrative court – Liberation

With this decision, the anti-corruption association loses the possibility of filing a complaint in the name of the general interest. The organization denounces “a serious attack on democracy”.

The risk was therefore serious. This Friday, June 23, the administrative court of Paris decided to cancel the approval of Anticor, which allows it to replace a prosecutor’s office sometimes “not proactive” in political and financial matters. And with a retroactive effect as of April 2, 2021, the date of the last three-year renewal granted to the NGO. “This cancellation constitutes a serious attack on democracy, as well as on freedoms of association”, she reacted on Twitter. Anticor will of course appeal, but as the legal delays are long, the anti-corruption association had anticipated the court’s decision by already preparing a new application for approval from Matignon – the Chancellery being de facto divested for cause. complaint by Anticor against Eric Dupond-Moretti.

The retroactivity of the withdrawal of approval could pose a problem for the more than 150 criminal proceedings currently being initiated by Anticor, at least those initiated two years ago. At the hearing, the rapporteur for the administrative court was optimistic on this subject, stressing that an introductory indictment from the prosecution would make it possible to safeguard the proceedings in progress, notwithstanding the complainant’s loss of power to sue. Except that the prosecution has not always ruled on all the complaints filed by Anticor, some of which could thus fall into the water.

In its decision, the TA is less about the lack of financial independence of Anticor, via a former donation of 64,000 euros (representing 17% of its budget in 2018) from businessman Hervé Vinciguerra, than the lack of transparency. on this manna, the identity of the generous donor not being revealed at the time: “The lack of formalization of information procedures for the Board of Directors, combined with the fact that it is not effectively informed, has not, in the past, guaranteed the information and effective participation of the members of the Board of Directors. ‘association. » However, when renewing the approval in April 2021, Matignon had then taken into consideration the commitment of the management of Anticor to do better in the future. But for administrative judges, “The Prime Minister could not rely on the association’s commitment to take corrective measures aimed at complying with its obligations after the approval decision. » In short, he would have committed a “error of law. »

“It’s the end of democracy”

Internally, we blame the blow, even if it was foreseeable. “It’s the end of democracy” laments a leader of Anticor: “We will try to mobilize the other associations.” It’s already done, as explained to Release the French section of Transparency International, one of the three associations approved to file a complaint against any breach of “probity”, a general term that ranges from corruption to money laundering through favoritism or conflict of interest. “We never criticize a court decision but call on the executive branch to immediately renew Anticor’s license.” And to point out, in addition to this withdrawal of approval, a “breath of breath in the fight against corruption, where the role of associations is essential”. To hear Transparency International, “all the lights are red”.

The NGO Sherpa, more focused on international corruption, is not to be outdone: “The decision of the administrative court confirms the fears that we have been expressing for years: the action of associations being subject to the goodwill of the administration, with vague criteria exposing associations to arbitrary decisions.” And to call for an in-depth reform of criminal procedure, because “Beyond the curb on the fight against white-collar crime, it is the freedoms of association and democracy that are threatened here”. Not less. The two internal opponents to the management of Anticor, at the origin of the referral to the administrative court, do not have the same vision, in a press release published by their lawyer: “The democratic functioning of the association has been seriously challenged. The fight against corruption must continue, but be conducted impartially, transparently and independently. »

Like Transparency International or Sherpa, Anticor is one of the three NGOs authorized to file a complaint in the name of the general interest in terms of financial crime and the fight against corruption.

Usually, the courts do not have to interfere with this three-year approval, which is an administrative decision taken by the Ministry of Justice – or by Matignon. During his last renewal in April 2021, the Keeper of the Seals, Eric Dupond-Moretti, had to withdraw because Anticor had previously filed a complaint against him before the Court of Justice of the Republic. In the present case, it is on the appeal of an internal opponent that justice is seized: Claude Bigel, former auditor of the association’s accounts, excluded in September 2020.