Judicial council opposes Rachida Dati's return to the judiciary in advisory opinion
The Conseil supérieur de la magistrature gave an advisory opinion against the former justice and culture minister's reinstatement on Tuesday, 13 October 2026, citing her pending corruption trial. Justice Minister Gérald Darmanin has the final say.
The opinion
On Tuesday, 13 October 2026, the Conseil supérieur de la magistrature (CSM) issued an unfavorable opinion on Rachida Dati's request to return to the judiciary, her original corps. Dati, who is also the LR mayor of the 7th arrondissement of Paris, was due to become a chargée de mission at the Délégation aux affaires européennes et internationales (DAEI) of the Justice Ministry's Secrétariat général. The decision was first reported by AFP, citing a judicial source. Dati last held a post 25 years ago, at the Évry parquet, and has since been on leave. Her request to return to her original corps is one she can make as of right, and it came a few weeks before her trial opened.
Reasons given
The council's main objection is that Dati is implicated in an ongoing criminal case. In its advisory opinion, the CSM wrote:
Her being implicated in an ongoing criminal procedure stands in the way, as things currently stand, of performing the proposed duties, which involve representing the judicial institution, particularly on the international stage.
The council also pointed to the post itself, which it said had not been advertised to magistrates. Franceinfo reported that the role had been created for the former culture minister. In September the CSM had said it would examine whether her profile matched the post, and the announcement of her reinstatement had already caused concern at the Union syndicale des magistrats, the profession's main union.
Who decides
The opinion is advisory, and the final decision rests with Justice Minister Gérald Darmanin, who can disregard it, although that is described as very rare. Franceinfo reported that if he does not follow the opinion, Dati would be reinstated into the judiciary without a posting. Le Monde framed the opinion as a rebuke for Dati and, indirectly, for Darmanin. Its report describes the proposed role as premier substitut, a different title from the chargée de mission role cited by other outlets, and the report was cut off before giving further detail.
The corruption trial
Dati was tried in Paris in September on suspicion of corruption and influence peddling linked to her time in the European Parliament, where she sat from 2009 to 2019. The charges allege that she lobbied there illegally on behalf of Renault and its then chief executive, Carlos Ghosn. Ouest France reported that between 2009 and 2013 she received 900,000 euros under a flat-rate remuneration agreement. Franceinfo said the money came from a Renault-Nissan subsidiary for services the prosecution considers fictitious. On 28 September the Parquet national financier (PNF) requested four years in prison, two of them firm but adjustable, five years of ineligibility, and bans on public service and on practising as a lawyer.
- CSM says it will examine whether Dati's profile fits the post
- PNF requests four years in prison, two firm but adjustable, in the corruption case
- CSM issues an unfavorable advisory opinion on her reinstatement
- Paris criminal court due to rule on the trial
What happens next
According to franceinfo, the Paris criminal court will deliver its verdict on 21 January 2027. Until then, Darmanin has not been reported as deciding whether to follow the CSM opinion. Dati's reinstatement therefore remains open, with the opinion against it and the criminal case still pending.
