On Friday, March 28, 2025, the Constitutional Council of France delivered a highly anticipated ruling regarding the immediate ineligibility of elected officials. However, this decision will have no direct impact on Marine Le Pen, the leader of the National Rally party, who faces potential disqualification from running in the 2027 presidential election due to allegations surrounding the misuse of parliamentary assistants at the European Parliament.
The ruling from the Constitutional Council was primarily focused on a case involving a local municipal councilor from Mayotte, who was removed from office after being sentenced to a penalty of ineligibility with provisional execution. This decision has sparked widespread speculation about its implications for Le Pen, especially with a court judgment regarding her case set for Monday, March 31.
During the council's deliberations, which took place last week, they addressed a priority question of constitutionality (QPC) that was not directly related to Le Pen’s situation. The council's response was narrowly tailored to the issue at hand, confirming that the law concerning immediate ineligibility for local officials was in accordance with the Constitution.
Importantly, the Constitutional Council stated that while the resignation of a local elected official does infringe on their right to eligibility, such an infringement is proportionate. This finding is crucial as it reaffirms the principle of probity and exemplarity expected from elected officials, which is essential for maintaining public trust.
Anne-Charlène Bezzina, a public law lecturer at the University of Rouen, noted, “It returns to the judge, in their decision, to assess the proportional nature of the infringement that this measure is likely to cause to the exercise of an ongoing mandate and to the preservation of the freedom of the voter.”
As for Le Pen, she is anxiously awaiting the outcome of her own trial, where the prosecution has requested a five-year penalty of ineligibility, which would take effect immediately even in the event of an appeal. Should the court side with the prosecution, it could jeopardize her chances of running for president in 2027.
Le Pen's case stems from accusations of embezzlement of public funds and complicity related to fictitious jobs within her party. The prosecution’s unexpected request for immediate ineligibility has raised concerns about her political future, particularly regarding her current role as a deputy in the National Assembly.
The Constitutional Council's decision, while not directly influencing Le Pen’s case, does reinforce the legal framework surrounding ineligibility and the responsibilities of elected officials. It emphasizes that the immediate ineligibility serves to ensure the effectiveness of penalties and prevent recidivism, which is a point the judges will consider when rendering their verdict on Monday.
In their ruling, the council highlighted that the difference in treatment between national and local officials is justified, given that national parliamentarians participate in the exercise of national sovereignty, vote on laws, and oversee government actions. This distinction is pivotal as it underscores the unique responsibilities held by national representatives compared to their local counterparts.
Le Pen’s supporters had hoped that the Constitutional Council might take this opportunity to send a broader message to the judiciary regarding her case, particularly about the voters' right to choose their candidate for the presidency. However, the council refrained from making any sweeping statements, opting instead to maintain a neutral stance that avoids influencing the upcoming judicial proceedings.
As the political landscape remains tense, the outcome of the Paris correctional court's decision will be closely monitored, not just by Le Pen and her supporters but by the entire nation. If the judges impose an immediate ineligibility, it would mark a significant turning point in Le Pen’s political career, impacting her ability to run for office and potentially reshaping the future of the National Rally party.
In summary, while the Constitutional Council’s ruling on March 28 confirmed the legality of immediate ineligibility for local officials, it ultimately leaves Marine Le Pen’s fate in the hands of the Paris court. With critical decisions looming, the political stakes have never been higher, and the implications of these rulings will resonate well beyond the courtroom.
