The decision rendered this Friday by the Constitutional Council concerning the case of an elected Mahorais could have indirectly influenced the future of Marine Le Pen. It is ultimately nothing …
It is a decision that was particularly awaited by Marine Le Pen and the political world. The leader of RN deputies in the National Assembly must be fixed on its fate on Monday, March 31, as part of the case of parliamentary assistants of the National Rally. It faces in particular an immediate ineligibility sentence. A penalty which, if it were pronounced, would prevent it from presenting itself to the next presidential election in 2027.
However, this Friday, the Constitutional Council was led to render its decision concerning a priority question of constitutionality relating to the provisional execution of the penalty of ineligibility of an elected local Mahorais. He had been sentenced in June 2024 to four years of ineligibility with provisional execution. This means that he was immediately removed from his duties as a municipal councilor in Dembéni-Mamoudzou, in Mayotte. And this, without even waiting for the second court decision even though he had appealed. Last December, the Constitutional Council was therefore seized by the Council of State of a priority question of constitutionality posed by the principal interested party, Rachadi Saindou.
#Decision N2025-1129 QPC of March 28, 2025 The Constitutional Council judges in accordance with the Constitution subject to interpretation of the provisions of the electoral code organizing the DOFFICE resignation procedure applicable to a private municipal councilor of its right pic.twitter.com/tgkvwbaka5
– Advice constitut (@Conseil_Constit) March 28, 2025
A decision without impact on Marine Le Pen
This Friday, the wise men did not give him right. The Constitutional Council has indeed found to be in accordance with the Constitution “The automatic resignation procedure applicable to a private municipal councilor of its electoral law following a criminal conviction”. Sentenced for acts of embezzlement of public funds, concealment and illegal interest, recalls France 24the elected Mahorais believed that the court decision would undermine the separation of powers and the “preservation of the freedom of the voter”.
On this last point, the Constitutional Council was particularly prudent. “It is then up to the judge, in his decision, to assess the proportionate nature of the attack that this measure is likely to bring to the exercise of an in progress mandate and to the preservation of the freedom of the voter,” said the press release. A clarification which makes it possible to make a decision on this case without impacting the case of Marine Le Pen since the wise men are thus content to answer only the question concerning the immediate ineligibility of local elected officials, analysis Public Senate.