This Friday, the Constitutional Council issued a decision that could have a considerable impact on the 2027 presidential election. It confirmed the possibility for judges to pronounce theprovisional execution of a measure ofineligibilityThis decision opens the way to an immediate ban on candidacy for certain political figures, even before the exhaustion of legal remedies.
A direct threat to Marine Le Pen
The Constitutional Council ruled that the provisional enforcement of ineligibility did not infringe the fundamental rights of convicted persons. According to the Sages, this measure meets a "general interest objective," notably that of guaranteeing the integrity of electoral processes. In concrete terms, this means that a court will now be able to declare a candidate ineligible and issue this decision. immediately applicable, even if he decides to appeal or to file a cassation appeal. And therefore even if he is presumed innocent...
This decision could have immediate political consequences. Marine Le Pen is in fact the subject of several ongoing proceedings, including the one concerning the alleged fictitious employment of European parliamentary assistants. If, in the coming months, a court were to sentence her to a prison term ofineligibility, this ban could be effective upon delivery of the judgment, and so before the 2027 presidential election. And even if the RN candidate were declared innocent on appeal...
Beyond the case of Marine Le Pen, this decision of the Constitutional Council creates a legal precedent dangerous. It could indeed affect in the future any elected official or candidate prosecuted for acts of corruption, fraud or embezzlement, who would find themselves unable to run without being definitively declared guilty. A new dangerous drift in our democracy...
