France's Constitutional Council Ruling on Immediate Ineligibility for Convicted Politicians

French far-right leader and member of parliament Marine Le Pen attends a gathering in support of detained Franco-Algerian writer Boualem Sansal in Paris, France, March 25, 2025

France's Constitutional Council ruled that local politicians can be barred from office immediately if convicted of a crime, raising the possibility that far-right leader Marine Le Pen could be disqualified from the 2027 presidential race. The ruling was issued in a case unrelated to Le Pen but establishes a precedent that could affect her eligibility should she be convicted in an ongoing embezzlement trial concluding on Monday. Prosecutors in the case have requested that Le Pen, leader of the National Rally (RN), be barred from public office for five years. Such a "provisional execution" ban would take effect immediately, even if she were to appeal the decision.

Le Pen, who currently leads opinion polls for the 2027 election, denies any wrongdoing and claims that the prosecution is an attempt to orchestrate her "political death." Legal experts, including Robin Binsard, a lawyer representing a disbarred politician, suggest that the ruling strengthens the possibility of judges ordering an ineligibility sentence with immediate effect.

The Constitutional Council dismissed a challenge from a disbarred councilman from Mayotte, who had contested the legality of a provisional execution ban. In its decision, the council stated that such a measure did not violate freedom of expression rights and was legally valid. The anti-corruption association Anticor welcomed the ruling, arguing that ineligibility bans serve as an effective tool for removing elected officials who have seriously undermined democracy. The organization also noted that the decision comes amid growing distrust among some political leaders toward judicial authority, which could pose a threat to the rule of law.

Prosecutors in Le Pen's case have specifically requested that judges impose an immediate five-year ban, applying the same provisional execution measure. Such a ruling would not immediately remove Le Pen from her parliamentary seat but would prevent her from participating in future electoral contests until her current mandate expires.

Le Pen, the RN, and approximately two dozen party figures stand accused of misusing over 3 million euros ($3.27 million) in European Parliament funds to pay staff working for the party in France. The defendants maintain that the funds were used lawfully, arguing that the prosecution's interpretation of the role of parliamentary assistants is overly restrictive.