Paris, April 2, 2025, by Socrates George Kazolias

The French lower Court decision March 31 to bar the 2027 presidential election favorite, Marine Le Pen, from running has angered millions throughout the country, sparked fears of social unrest and widespread political condemnation, including from the far left.

The ripples have been felt to the summit of the state and the system looked desperately on April 1 for a way to backtrack, if not stave off, at least put off, a social confrontation.

The  Appeals Court, which usually takes two years to hear a case, said it will begin the trial next January for a decision upholding or invalidating the lower court’s ruling in June 2026, which would give Marine Le Pen, and her far right National Rally party, if the first ruling is overturned or reduced, nine months to prepare for the 2027 ballot.

Twisted Logic, Political Motivation

Usually, in French political corruption cases, the enforcement of the lower court’s sentences is postponed until the trial is heard by the Appeals Court. In this case, the lower court decided that Marine Le Pen’s ineligibility would take immediate effect. The arguments for this move were purely political and this is what has angered people so much.

In all, nine former National Front, FN,  (now National Rally or RN) Euro-Deputies and 12 ‘Parliamentary Assistants’ were found guilty of embezzlement or complicity, diverting some of the money intended to be used at the European Parliament to work being done for the FN in France, between 2004 and 2016: 4.6 million euros according to the prosecutor, but 2.9 million confirmed by the court, while the European Parliament itself said they wanted 3.4 million back.¹

The 2016 law on corruption concerns ‘personal enrichment’ with automatic ineligibility to run for or hold office.  In this case, the judges argued that although there was no ‘personal enrichment,’ “there was clearly enrichment of the party” and thus it was used to further their political careers and is a form of personal enrichment. An argument which shocked lawmakers and magistrates alike.

But the argument justifying Le Pen’s immediate ineligibility is what was really leading RN voters to take the Bastille (Le Pen leads the pack by far in the latest polls with 37% of voter intention).

The judges argue that the Court must take into consideration risks of “the trouble to democratic order,” “that would be engendered by the fact of Marine Le Pen being a candidate, not to mention being elected for example, and notably in the presidential election, while she is condemned for embezzlement of public funds.” You don’t get more political than that.

Then there is the argument that they could repeat the offense because they refuse to recognize their guilt, even though the accusations are for embezzlement committed in a period ending over ten years ago and none of the nine accused former Euro-MPS are now members of the European Parliament. This didn’t hold water for millions of French voters either.

The judges justify their belief by writing “they could very well begin again, notably with their hands on the highest responsibilities in the country” which clearly expresses the judges’ political intention to prevent Marine Le Pen from becoming the President of France. 

The judges say they believe this because the defendants continue to claim their innocence of committing a crime, as if pleading innocence in court is now a crime too. 

Judges Lose Credibility

We must admit that the defendants have a very large, one could say exaggerated, view of what the role of a Parliamentary Assistant is, but this author was unable to find a clear, single, agreed upon, precise definition of the functions and roles of Parliamentary Assistants. Voters opposed to Le Pen are angry that some of their tax money went to finance a party with which they are in deep disagreement.

However, there is little doubt that, the exceptional, immediate, application of ineligibility is a political decision by the justice system to prevent Le Pen from running.

It also further weakens many people’s belief in the French justice system. It reinforces the view that the system has two tiers, favoring the rich, powerful, and elite mainstream where left leaning judges weaponize the courts to impose a system which more and more voters see as corrupt and divorced from their reality. This should be familiar to American readers and should sound alarm bells to the French ruling elite.

The question so many are asking is who gets to decide which candidates people can vote for and elect: the courts or the voters?

I am eliminated but there are millions of Frenchmen who are eliminated too.

Marine Le Pen on TF1 TV, March 31, 2025

The accusation of ‘weaponing the judicial system’ risks taking France down the road of ‘Trumpinization’ where people no longer have confidence in their courts or judges and resort to an authoritarian power figure. In turn, this could lead to a weakening, or even a removal, of the power of the courts’ check on the other branches of government and political parties, as has happened in a few European countries such as Hungary and Poland.

A country without a strong judiciary easily becomes authoritarian. The lower court judges shot themselves in the foot if they thought they were saving the system from a Le Pen presidency. 

The decision to hold the Appeals case in January only kicks the can down the road. The damage is done, and the RN will come out on top.

More Damage Control

Prime Minister François Bayrou, who said he is “deeply troubled” by the court decision, opened another exit ramp on April 1 when he proposed that the 2016 law be revised to remove the ineligibility clause. A Le Pen ally in Parliament, Eric Ciotti, a conservative MP from Nice, will introduce legislation for debate to eliminate the ineligibility clause on June 27. 

There are also calls for a ‘presidential pardon.’ The Chief Justice of the Appeals Court can lift the ineligibility before the trial.  The RN is also taking the case to the European Court of Human Rights to challenge the decision of immediate ineligibility.

1. Marine Le Pen was sentenced to four years in prison with two suspended, (the two prison years can be carried out under house arrest with electronic bracelet), a 100,000 euro fine and five years ineligibility with the latter effective immediately. ↩︎

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