It is one of the things he likes to recall

Applicant: Nicolas Sarkozy, 55, rue du Faubourg-Saint-Honoré, palais de l ' Elysée, 75008 Paris. Defendant: company Tear Prod. For the judges, this will become a habit: to deal with cases of a litigant not like the others. Tomorrow, the House of the President of the Court of appeal of Paris must make its decision in the case of the vaudoue doll. The President of the Republic claims the ban on the sale of this piece of cloth with his effigy, accompanied by a "Voodoo manual". On 29 October, the tribunal de grande instance of Paris it was dismissed on the grounds that this representation of his image was not an infringement of human dignity.

The same day, in the morning, the President of the Republic received the magistrates in a salon of the lysée Palace. Those that he had once treated "peas", during a formal sitting where they had dressed in the robes arrived exasperated. As between them and him, the grudge is installed. Although Rachida Dati, the keeper of the seals, suffered the bulk of their bad mood, judges live in remembrance of the frontal attacks of Nicolas Sarkozy. Then Minister of the Interior, the latter had requested that the justice "pay for his fault" after the assassination of Nelly Crémel by a persistent offender offender. Later, he had dealt with "soft" the President of the children of Bobigny Court and its judges. A direct style that is not last in this very conservative world.

A reflex of counsel

This 29 October yet, in the Elysee Palace, the head of State listen, promises and eventually cheer visitors on the defensive. To the point that at the end of the interview one of them suggest, goguenard, create a specialized court to deal with all disputes that the President of the Republic has opened. The joke causes the hilarity of the head of State... who asked, in the afternoon, his lawyer, Thierry Herzog, to appeal in the case of the doll. Everything is there, in this fortuitous telescoping between the meeting at the Elysee Palace and the decision of the TGI: this complex relationship of the head of State with justice, mistrust and utilitarianism.

Civil party in the Clearstream case, guarantee by addition of the independence of the judicial authority, Nicolas Sarkozy has already filed not less than six complaints before the courts (two other proceedings initiated by the Prosecutor's Office.) (See opposite). A record under the Fifth Republic. But the head of State will be treated "better or worse than another citizen", insists his lawyer, Thierry Herzog. For him, the case of the vaudoue doll is not trivial. "This is not a work of the spirit", but only "commercial transaction", argued on the appeal. "It does nothing, or it lets nothing pass", he explained, refusing that "to be money on the image of the head of State." In February, with his wife, Carla Bruni, Nicolas Sarkozy received the condemnation of the airline Ryanair for advertising deemed intrusive in their image.

Procédurier, Nicolas Sarkozy "It must never be forgotten that he is a lawyer, is the reflex of litigation", is a former bâtonnier. In fact, for many observers, the experience of the head of State is not for nothing in its report to the trial. It is one of the things he likes to recall. In his book, "Free", written in 2001, speaking of justice, it cannot stop noted: "lawyer I was prior to the policy, lawyer I remain and probably lawyer I finish. Obviously, he has a strategic vision: to make the judiciary one instrument of its policy. There, as elsewhere, he plays the transparency and proximity to the citizen. "Francois Mitterrand used the State apparatus to perform telephone eavesdropping, Nicolas Sarkozy, he brought legal action in view and the knowledge of everyone", justifies his counsel.

Respect for private life

Georges Kiejman was counsel for François Mitterrand. It recognizes, for its part, as the time and "the growing evolution of media" politicians causes de facto of the increasingly numerous actions in law to image. "Nicolas Sarkozy could not act, but it does not shock me he acted," said the lawyer. But, when asked to know if, today, he would have advised his illustrious client to attack all, replied that he would have first sought to know "how he was injured." "There is always a time when too it is too". Is problem: the President of the Republic a person like the others "Politicians whenever they can, have desire to be like everyone else," Note Georges Kiejman. It is also on the basis of article 9 of the civil Code "Everyone is entitled to respect for private life" Nicolas Sarkozy to target his attacks. Regards "the contempt of the head of State", he left to the Prosecutor's Office, under the orders of the Chancery, the continue. This is what happened to Hervé Eon, an unemployed of fifty-six years, former Advisor General PS, who had brandished a placard in August "breaks toi pov'con" front of the car of Nicolas Sarkozy. He was fined 30 euros conditional "to the principle" and has appealed the decision.

The strategy, however, has its limits. If Nicolas Sarkozy is not the first President of the Republic to assert his right to the image before him, Georges Pompidou and Valéry Giscard d'Estaing did , it is the first to increase the use. However, "this attitude which legally is not challengeable must be based on a reasonable prospect of positive results," explained a senior judge. In other words, should he win, especially in a context where the reports of the head of State with the magistrates are not excellent. "It seized the institution as a virtue so that it is not great consideration for it," said the judge.

It is little said. To the extent that its relationship with some judges are at loggerheads. In its sights, Nicolas Sarkozy placed Dominique Barella, former President of the Union of magistrates or judge Renaud Van Ruymbeke, the financial center and at the origin of the Clearstream case. In 2000, Nicolas Sarkozy fate would a luncheon at the Ecole de la magistrature with the examining magistrate. It, after stigmatized "money stories" of football before a Nicolas Sarkozy buff sports, had pressed the nail by stating that "abuse of social goods is the politician that small breeches is the rapist. What shock the future head of State, who said a "malaise" facing "intolerance" of certain magistrates ().

It remains that its hard to seize all opportunities judges found its political boundary as soon as it deals with criminal cases. Monday, Dominique de Villepin accused Sarkozy an "violated the right to a fair trial" and the "principle of equality of arms" in the Clearstream case, where the President is civil party. Former Prime Minister, returned before the correctional tribunal of Paris in this case, including for "complicity of calumnious denunciation", brought on 7 November the Council of State against a decree of the President of the Republic extending the functions of Henri Pons, one judges responsible for the folder.

Neutrality in question

If, as that Nicolas Sarkozy, President of the Republic is perfectly entitled, for the proper administration of justice, to make such order, some questioned the neutrality necessary, because of its position as civil party. As the head of State benefits from section 67 of the Constitution, which guarantees him not be continued for the duration of his mandate: he can attack, but it is judicially unassailable for five years. For the time being, Nicolas Sarkozy is not dismounts. After Clearstream, just open a new front by filing a complaint against Yves Bertrand for calumnious denunciation in the revelation of the books of the ex-patron of General information under Jacques Chirac.

Further evidence that the head of State is decided to not let pass. "It is more a debate on a general principle in breach of a rule of law," said a magistrate. But, in the long run, this somewhat schizophrenic report subject justice and President of the Republic may be difficult to take in the view.