Marine Le Pen Vows to Fight Five-Year Ban from Office

Marine Le Pen, the leader of the National Rally party, is determined to challenge a five-year ban from public office following her conviction for embezzling European parliamentary funds. The verdict, delivered by Judge Bénédicte de Perthuis in March, also included a four-year prison sentence—of which two years are suspended—and a fine of €100,000. Le Pen has labeled the ruling a “political witch-hunt” and is exploring all legal options to overturn it.

Recently, misleading posts on social media platform X claimed that her appeal against this conviction had been denied and suggested widespread outrage among the French populace. These posts, which have gained over 600,000 views, also implied that the European Union was involved in the rejection of her appeal. However, the situation is more complex than these claims suggest.

In her efforts to contest the ban, Le Pen initiated two legal challenges through both administrative and criminal courts. On October 15, the Council of State, France’s highest administrative court, rejected her challenge concerning electoral regulations. This ruling is likely what the misleading posts reference. It is important to note that this administrative decision is separate from her criminal appeal, which has yet to be heard.

The administrative challenge focused on her removal from the electoral list in the Pas-de-Calais department, where she serves as a member of parliament. Constitutional law expert Camille Aynès from the University of Paris Nanterre explained that Le Pen’s strategy was not aimed at regaining her council seat but at establishing a basis for a “priority question of constitutionality” regarding her case. The Council of State ultimately determined that the criminal provisions Le Pen contested were inapplicable in this context.

The Council of State’s rejection means Le Pen lost a chance to expedite her case, which is critical given the political climate in France. With President Emmanuel Macron potentially calling for snap elections, a delayed appeal could prevent Le Pen from running in the upcoming 2027 presidential election.

As for the status of her criminal appeal, Le Pen is pursuing a separate and more significant challenge against her conviction. A trial is scheduled from January 13 to February 12, 2024, with a verdict anticipated before summer, which may still permit Le Pen to run in the presidential election if her sentence is overturned or reduced.

Le Pen is also waiting for the Council of State to rule on another constitutional question related to her removal as a regional councillor. Experts expect a similar outcome to her previous challenge, meaning no referral to the Constitutional Council.

In July, Le Pen sought an interim measure from the European Court of Human Rights to suspend her ban, but this request was denied. According to Aynès, “At this point, only the criminal appeal can change things.” If her conviction is upheld, she could take her case to the Court of Cassation, France’s supreme court for civil and criminal matters.

The claims that the European Union played a role in Le Pen’s sentencing are unfounded. The case and subsequent conviction are entirely under the jurisdiction of the French judiciary. Prosecutors allege that from 2004 to 2016, Le Pen and several party members diverted funds intended for parliamentary assistants to support party activities in France. The European Parliament’s involvement was limited to alerting authorities about the situation.

Despite her ongoing legal troubles, Le Pen maintains a strong following. At the time of her conviction, an Ifop Opinion poll indicated her support at 37%. More recent polling shows her and National Rally president Jordan Bardella receiving between 33% and 37% of voter support, maintaining a lead over other political contenders. Although rumors circulate about Bardella potentially running for president, these remain unconfirmed, despite Le Pen’s endorsement.

As of now, the National Rally has not issued any comments regarding Le Pen’s legal challenges. The political landscape remains dynamic, and the outcomes of her appeals could significantly influence her future and that of her party.