Rachida Dati: the CSM opposed his appointment to the Chancellery, Darmanin must decide

On Tuesday, 13 October 2026, the Supreme Council of the Judiciary (CSM) issued an opinion "unfavorable" to the proposed appointment of Rachida Dati to the Ministry of Justice as part of its application for reinstatement to the judiciary. The court considers that its criminal challenge precludes the proposed functions, which involve representing the judicial institution internationally. This opinion, however, is not a final decision: the keeper of the Seals, Gérald Darmanin, retains the possibility of overriding. [S1] [S2] [S3]

Opinion on a specific assignment

The publications converge on the post concerned: Head of Mission at the Delegation for European and International Affairs of the General Secretariat of the Ministry of Justice. The World states that it is a position of first substitute in central administration, proposed by the Chancellery in early September. Franceinfo, who indicated that it had requested the CMS, added that the mission would focus on digital and minors. It is therefore not a matter of assignment to a court to try cases. [S2] [S4] [S5]

This clarification makes it possible to distinguish two questions often brought together under the term "reintegration" : the return to the original corps and the appointment to the proposed functions. Liberation and South West submit Rachida Dati's request for return as a right. The opinion reported concerns the exercise of the proposed position. The former Keeper of Seals, also former Minister of Culture, has been available for 25 years; His last post was at the Public Prosecutor's Office. [S1] [S2] [S4]

Two grounds: the criminal procedure and the lack of dissemination of the post

The first ground concerns the compatibility between the international responsibilities envisaged and the ongoing criminal procedure. In the words of the opinion cited by Libération and South West, this respondent "is an obstacle in the state" to the performance of functions involving representation of the judicial institution. The World confirms that the criminal record weighed in the assessment of the CMS. The court thus decides on an appointment, not on the guilt of the person concerned. [S1] [S2] [S4]

The second reason relates to the conditions for the submission of the application: the position was the subject of "no dissemination", reports Liberation and South West. Franceinfo also reports this lack of dissemination to all magistrates and indicates that the post was created for the former minister. These elements complement, without contradicting it, the briefer summary of 20 Minutes, focusing on the criminal procedure and the advisory nature of the opinion. [S1] [S2] [S3] [S5]

A judgment expected, not a conviction

The procedure concerns suspicions of corruption and influence in the Renault-Ghosn case. Rachida Dati was accused of illegally lobbying the European Parliament for Renault and its then leader, Carlos Ghosn. It received €900,000 between 2009 and 2013 under a remuneration agreement. She contests any infringement. [S1] [S2]

On 28 September, the National Financial Prosecutor ' s Office required four years ' imprisonment, including two years of firm accommodation. The requisitions also include five years of ineligibility and prohibitions on exercising in the public service and as a lawyer. These are sentences requested by the prosecution, not sanctions already imposed. The judgement is expected on 21 January 2027. [S2] [S3] [S5]

The follow-up depends on the Minister of Justice

Liberation, South West and 20 Minutes agree on the advisory nature of the opinion: Gérald Darmanin may not follow it, even if the first two media point out that such a decision is rare. The articles consulted do not yet report its arbitration or Rachida Dati's reaction to this opinion. [S1] [S2] [S3]

There is still uncertainty about the practical modalities of a possible return. Franceinfo writes that, in the event of a failure to follow up on the opinion, Rachida Dati would be reinstated without assignment, a consequence which the other publications consulted do not specify. At this stage, the established point is therefore the opposition of the CSM to the proposed post; neither the final assignment of the former Minister nor the outcome of his trial shall be decided in these minutes. [S1] [S3] [S4] [S5]