Justice vs. democracy: Le Pen verdict exposes tensions within France鈥檚 system
| Paris
France鈥檚 far-right leader Marine Le Pen has long had a singular ambition: to become France鈥檚 next president.
But that dream came crashing down on Monday, when Ms. Le Pen 鈥� alongside eight members of European Parliament and 12 party assistants 鈥� was found guilty of embezzling European Union funds. As a consequence, she was barred from running for office for five years, with immediate effect.
Ms. Le Pen was also sentenced to four years in prison (though she would only serve two, under house arrest) and forced to pay a 鈧�100,000 ($108,000) fine. But it is the halt of her political ascent that looks to be most distressing for Ms. Le Pen, who was favored to win the presidency in 2027 after being edged out in 2022 by now-President Emmanuel Macron.
Why We Wrote This
During President Donald Trump鈥檚 legal cases, experts debated whether it would be fair to deny voters the opportunity to cast ballots for him in 2024. In France, such a scenario is being realized around now-convicted far-right leader and presidential hopeful Marine Le Pen.
Ms. Le Pen is expected to appeal the judge鈥檚 decision, and her party, National Rally, is scrambling to find a suitable replacement 鈥� most likely Jordan Bardella, the party president. But Ms. Le Pen鈥檚 supporters say she was unfairly targeted by the judicial system and have called the decision undemocratic 鈥� specifically its use of the ineligibility clause.
This is hardly the first time a French politician has been barred from running for office. Former French Prime Minister Fran莽ois Fillon was ruled ineligible for ten years in 2020 following a guilty verdict, as was right-wing politician Alain Jupp茅 in 2004.
But the Le Pen case has raised questions about the tension between France鈥檚 justice and electoral systems 鈥� and where that leaves the will of the people.
鈥淐hecks and balances are part of a traditional democratic system. The issue here is not what Le Pen has done and whether it was against the law,鈥� says Hall Gardner, professor emeritus of political science at the American University of Paris. 鈥淭he issue is whether the punishment should have included Le Pen鈥檚 ineligibility to run again. ... and whether that part of the decision was politically motivated.鈥�
Justice served?
Ms. Le Pen has long considered herself and her party to be victims of the mainstream political establishment. She told French television viewers on Monday night that she was 鈥渟candalized鈥� by the verdict, which she said 鈥渧iolates the rule of law.鈥�
And Marion Mar茅chal, Ms. Le Pen鈥檚 niece and a member of the European Parliament, posted on social network X after the verdict was announced that, 鈥淛udges, thinking themselves above the sovereign people, have decided to execute in a court of law the woman they were never able to force back at the ballot box.鈥�
During France鈥檚 2024 legislative elections, tactical voting by other parties prevented the National Rally from securing the prime minister position, despite winning 37% of the vote in the second round, says Camille Lons, a policy fellow at the European Council on Foreign Relations in Paris.
鈥淭he ruling only deepens the party鈥檚 argument that the system is rigged against them,鈥� says Ms. Lons. It is 鈥渁 narrative that could galvanize their base and strengthen their support heading into 2027.鈥�
The court did acknowledge that the 2027 presidential election was a factor in its decision. 鈥淸We] took into consideration, in addition to the risk of reoffending, the major disturbance of public order if a person already convicted ... was a candidate in the presidential election,鈥� said B茅n茅dicte de Perthuis, the presiding judge.
France鈥檚 legal community is split on the fairness of the verdict. According to a , public officials found guilty of embezzling public funds are subject to ineligibility for running for office. However, the same law allows for judges to make exceptions to the ineligibility clause based on the person or case involved.
Ms. Le Pen 鈥渉as committed a fault in the financing of the political party and must be punished for this,鈥� says Caroline Yvernault, a Paris-based lawyer who focuses on public law. But 鈥渕y opinion is that she should be allowed to stand for election and be able to debate her ideas, [which] have to be criticized democratically during the election campaign, rather than being dismissed by the courts.
鈥淭his could be seen as an attack on the separation of powers, because the sanction of ineligibility seems disproportionate in relation to precedents.鈥�
鈥淗ead high, clean hands鈥�
Ms. Le Pen鈥檚 opponents have lauded Monday鈥檚 decision, saying that politicians can鈥檛 consider themselves above the law. Indeed, 63% of French people , according to an annual poll by the Ipsos marketing research company.
It could set a precedent going forward, especially amid the trial of former President Nicolas Sarkozy over illegal campaign financing and misappropriation of public funds. Mr. Sarkozy faces up to seven years in prison and could be barred from running for office for five years.
At a minimum, the Le Pen verdict could sever her party鈥檚 claim to an old slogan once used by the National Front, before Ms. Le Pen renamed it the National Rally: 鈥淗ead high, clean hands,鈥� which signified its distance from corrupt politicians.
Judges have ruled that no longer applies to Ms. Le Pen.
