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Politics For Members


WILL MARINE LE PEN BE BARRED FROM RUNNING FOR FRENCH PRESIDENT IN 2027?

Genevieve Mansfield / AFP - genevieve.mansfield@thelocal.com
Published: 13 Nov, 2024 CET. Updated: Wed 13 Nov 2024 15:43 CET
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President of Rassemblement National parliamentary group Marine Le Pen at the
French National Assembly (Assemblee nationale) in Paris on October 31, 2024.
(Photo by STEPHANE DE SAKUTIN / AFP)


FRENCH FAR-RIGHT LEADER MARINE LE PEN, WHO IS CURRENTLY STANDING TRIAL OVER THE
EMBEZZLEMENT OF EUROPEAN PARLIAMENT FUNDS, MAY SEE HER PRESIDENTIAL AMBITIONS
THWARTED IF THE COURT BANS HER FROM RUNNING FOR PUBLIC OFFICE.


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Marine Le Pen and other Rassemblement National party leaders are accused of
embezzling EU funds by creating fake jobs at the European Parliament.

The proceedings, which have lasted a month and a half, entered their closing
arguments on Wednesday, with a judgement not expected to be handed down until
the start of 2025.

If found guilty of the misuse of public funds, punishments for Le Pen and her
co-accused could include a €1 million fine, a (maximum) 10-year jail term and a
10-year 'sentence of ineligibility for public office'.

This last one would be the most significant for Le Pen herself, as it could
disqualify her from running for president in the next election - set to be held
in 2027.

Is it likely Le Pen will be barred from running? 

There are a few possibilities. 

Le Pen's defence team had initially stated that it was optional - not mandatory
- to add on a five-year sentence of 'ineligibility' (meaning a bar on running
for public office) in the event of a conviction for the embezzlement of public
funds.


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However, the prosecution has cited a 2016 law that would make this automatic
upon conviction.

This is where the lawyers start arguing, with some saying that it could still be
possible that the court could find a "specially motivated decision" (par une
décision spécialement motivée) not to charge Le Pen with ineligibility, even if
convicted. 

If the court does impose an 'ineligibility' sentence (which obviously would only
happen if she was convicted) then there are two possible versions; firstly a une
peine d'inéligibilité, sans exécution provisoire. This means that Le Pen would
be able to appeal the judgement.

In this scenario, the appeal process could (hypothetically) take so long that
the results would not be definitive before the election (remember legal
proceedings are still ongoing against ex president Nicolas Sarkoy over campaign
financing in the 2012 elections).

If Le Pen were to be elected president and then a court found against her, the
ineligibility would be suspended until the end of her term, according to Actu
France.

The second option, however, would be une peine d'inéligibilité avec exécution
provisoire, and in this scenario the penalty would go forward even if Le Pen
appeals against the ruling, according to reporting by BFMTV.



What would this mean for French politics?

Le Pen has maintained her innocence in the affair, and said, on Wednesday
morning, on the stand: "If such a sentence were handed down, it would have
extremely serious consequences. It would have the effect of depriving me of
being a presidential candidate.

"There are 11 million people who voted for the movement I represent. So
potentially, millions and millions of French people could be deprived of their
presidential candidate," TV5 Monde reported.

READ MORE: OPINION: Le Pen is adopting the 'Donald Trump defence' at her
embezzlement trial

In the 2022 presidential election, even though Le Pen lost to Emmanuel Macron,
she still won 13,288,686 votes, taking 41 percent of the vote.

Just a few months ago, in June and July, Le Pen's Rassemblement National party
won 125 seats in parliament - the most they have ever scored.


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French presidential elections are usually held on a fixed cycle and so the next
one - barring the resignation, impeachment, serious incapacity or death of
current president Emmanuel Macron - will be held in spring of 2027.

Le Pen has already said that she intended to be the candidate for the far-right
Rassemblement National party, despite nominating her deputy Jordan Bardella as a
potential prime minister in the case of a win in the 2024 legislative elections
(which in the event did not materialise).

The trial explained

The alleged 'fake jobs', which was first flagged in 2015, covers parliamentary
assistant contracts for the European Parliament between 2004 and 2016.

Prosecutors say the assistants in fact worked exclusively for the Rassemblement
National party outside parliament. Many were unable to describe their day-to-day
work, and some never met their supposed MEP boss or set foot in the EU
parliament building.

A bodyguard, a secretary, Le Pen's chief of staff and a graphic designer were
all allegedly hired under false pretences.

European Parliament authorities said the legislature had lost €3 million through
the jobs scheme.

Prosecutors have said that Le Pen and her father, former party leader
Jean-Marie, both signed off on a "centralised system" that picked up pace in
2014.

Now aged 96, Le Pen senior was among those charged but has been declared 'unfit'
to stand trial because of ill health.




MORE

#Politics #Crime


COMMENTS

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email us at news@thelocal.fr.
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SEE ALSO


FRENCH FAR RIGHT UPS THREATS ON BRINGING DOWN GOVERNMENT


OPINION: MICHEL BARNIER IS CHANNELLING THE SPIRIT OF A DEAD FRENCH GENERAL


WHAT'S BEHIND FRANCE'S 'LONGER, STRONGER' RAIL STRIKES?


COURT OVERTURNS FRANCE’S FRUIT AND VEG PLASTIC PACKAGING BAN


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