French Parliamentary Committee Approves Legal Action Against Presidential Aide
Paris, February 19, 2023 – The French National Assembly’s Finance Committee has granted its chairman, Eric Coquerel, the authority to initiate criminal proceedings against Alexis Kohler, Secretary General of the Élysée Palace, if he continues to refuse an invitation to testify before the committee.
The vote, which passed 40 to 21, authorizes Coquerel to issue a final request to Kohler to appear before the committee, with a warning of potential legal consequences if he declines.
"If he does not respond promptly, by early March, or if he responds in the negative, then I will appeal to the prosecutor to initiate criminal proceedings," Coquerel stated, adding that the committee’s vote gave him the necessary mandate.
The Finance Committee, granted the powers of an investigative commission for six months, commenced its inquiry in early December to examine the causes of fiscal and budgetary discrepancies in 2023 and 2024.
Kohler, a close confidant of President Emmanuel Macron, has previously declined the committee’s invitation on February 11, citing scheduling conflicts and the principle of separation of powers.
"Questions aimed at obtaining information about the President of the Republic’s exercise of his duties or his positions cannot be answered without undermining the principle of separation of powers," Kohler wrote in a letter to Coquerel, which was obtained by Agence France-Presse (AFP).
Coquerel countered that while the president himself is immune from parliamentary questioning, his aides have testified before committees in the past.
"If the President of the Republic cannot be questioned by Parliament, it has been the case on several occasions for aides to the Élysée," Coquerel noted.
Under an ordinance of November 17, 1958, individuals summoned by an investigative commission are legally bound to comply. Non-compliance, refusal to testify, or perjury may result in a prison sentence of up to two years and a fine of 7,500 euros.
Kohler has previously appeared before investigative commissions, including in 2019 before the Senate regarding the "Benalla affair" and in 2020 for hearings on motorway concessions.
Background of the Investigation
The Finance Committee’s inquiry is centered on significant discrepancies between projected and actual fiscal data, raising concerns about potential mismanagement or financial irregularities.
The committee’s decision to pursue criminal proceedings against Kohler is a significant escalation in the investigation. It suggests that the committee believes Kohler may have information that is crucial to its inquiry and that he is intentionally obstructing its work.
Legal Implications
The initiation of criminal proceedings against Kohler could have significant legal and political ramifications. If the prosecutor accepts Coquerel’s request, Kohler could face legal charges and potential imprisonment.
Such a move would be unprecedented in recent French history and would represent a major challenge to the separation of powers between the executive and legislative branches.
Political Consequences
The potential legal action against Kohler could also have significant political consequences. Kohler is a key figure in the Macron administration and is widely seen as a potential successor to the president.
If charges are filed against him, it could undermine his position within the government and potentially damage Macron’s political standing.
It remains to be seen whether the Finance Committee will ultimately file a criminal complaint against Kohler. However, the committee’s authorization of legal proceedings sends a clear message that it is determined to obtain the information it deems necessary to complete its investigation.
