Marine Le Pen’s Legal Battle Intensifies After Appeal Denial

Marine Le Pen, leader of the National Rally party, is determined to challenge her five-year ban from public office following a conviction related to embezzling European parliamentary funds. Misleading claims circulating on social media allege that her appeal against this ban has already been rejected, stirring political discourse in France.

On March 15, 2023, Judge Bénédicte de Perthuis of the Paris Criminal Court sentenced Le Pen to a five-year ban from holding public office, following findings that she was “at the heart” of a scheme involving the misappropriation of funds intended for parliamentary assistants. In addition to the ban, the court imposed a four-year prison sentence—two years to be served with an electronic bracelet—and a fine of €100,000. Le Pen has described the ruling as a “political witch-hunt” and has pledged to pursue all legal avenues available to overturn it.

Recent posts on social media have claimed that the appeal has already been denied, asserting that the “French people are outraged” and that the “EU is behind” the rejection. However, the reality of Le Pen’s situation is more nuanced.

Current Status of Le Pen’s Legal Appeals

To expedite the process of overturning her ban, Le Pen has initiated two separate challenges: one in the administrative courts and another in the criminal courts. On October 15, 2023, the Council of State, France’s highest administrative court, rejected her challenge regarding the country’s electoral rules. This decision likely fuels the misleading narrative circulating online, as it is separate from her ongoing appeal against her criminal conviction, which has yet to be heard.

The administrative challenge revolved around her removal from the electoral list in the Pas-de-Calais department, where she serves as a Member of Parliament. According to Camille Aynès, a constitutional law expert at the University of Paris Nanterre, the strategy behind this approach was not primarily to regain her council seat, but to create a pathway for a “priority question of constitutionality” (QPC). This mechanism allows individuals involved in a lawsuit to question whether the law applied in their case violates the Constitution.

The Council of State ultimately ruled that the criminal provisions Le Pen contested were either non-existent or irrelevant to her administrative case. As Aynès explained, “the provisions she was challenging weren’t applicable in this administrative dispute.” This ruling means that Le Pen has missed an opportunity for a quicker resolution to her appeal, a significant concern given the political climate in France.

Future Legal Challenges and Political Implications

Despite the claims circulating on social media, Le Pen is still pursuing a larger appeal against her criminal conviction. A trial is scheduled from January 13, 2024 to February 12, 2024, with a verdict expected before the summer. If successful, this outcome could allow Le Pen to participate in the 2027 presidential election, provided her sentence is overturned or reduced.

Additionally, Le Pen has filed another QPC regarding her removal as a regional councillor, although experts expect the Council of State’s ruling to remain consistent with its previous decisions. In July, she sought an interim measure from the European Court of Human Rights to suspend her five-year ban, but her request was denied. Aynès noted, “At this point, only the criminal appeal can change things.”

As for the assertion that the European Union played a role in Le Pen’s ban, this claim is unfounded. The case and conviction are entirely under the purview of the French judiciary. The allegations date back to her time as a Member of the European Parliament, where prosecutors claim she and others diverted funds intended for parliamentary assistants to support party activities in France. The European Parliament alerted authorities to the misconduct, which is the extent of the EU’s involvement in the case.

Despite her legal challenges, Le Pen and the National Rally maintain a significant level of popularity among voters. An Ifop Opinion poll conducted at the time of her conviction indicated support of 37%, while more recent polling shows her and RN president Jordan Bardella with support between 33% and 37%, ahead of their rivals. Speculation that Bardella may run for the presidency remains unconfirmed, even though he has Le Pen’s vocal support.

As the legal battles continue, the outcome of Le Pen’s appeals will likely have profound implications for her political future and the broader landscape of French politics.