The decision to ineligibility or not concerning Marine Le Pen could be impacted by the priority question of constitutionality posed by an elected representative of Mayotte removed from his mandates after a conviction.
If his personal case will surely not attract the light as that of the owner of deputies of the national rally Marine Le Penthis elected mahois of the flame party should still arouse the sharp interest of that which faces the same sanction. This Tuesday, March 18, 2025, the Constitutional Council looks at the issue of ineligibility penalties with provisional execution for a Mahorais municipal councilor who filed a priority question of constitutionality (QPC), after being deprived of its mandate by justice.
He was sentencedtwo years’ imprisonment, including a farm, for embezzlement of public funds. According to him, this rule is contrary to the constitution because it would undermine the separation of powers and to the “preservation of the freedom of the voter”, he confides to France Info. The Council of State considers that the question should be transmitted to the Constitutional Council.
A case that could be jurisprudence
The hearing led by the president of the Constitutional Council Richard Ferrand begins at 9:30 am and the decision will be made ten days later, on March 27 or 28. If it is indeed a coincidence of the calendar, the decision known at the end of March could simply change the situation in the case of assistants of MEPs of the National Front. Indeed, Marine Le Pen is currently threatened for not being able to present herself to the presidential election 2027. The latter will be set on March 31.
The case of the elected Mahorais could then make a case law, and play against the multiple candidate for the presidential election if it were to be declared ineligible. Conversely, if the wise men were acting that the freedom of the voter should take precedence over a court decision, it would then be very delicate for the magistrates in charge of the Le Pen file not to be based on it. Last November, the prosecution requested an ineligibility sentence with provisional execution, and immediate application even in the event of a call against Marine Le Pen. From now on, about it, the wise men of the Constitutional Council must answer the following question:Can a judge deprive an elected official from his mandate, from the first instance, without infringing the separation of powers?
With AFP, the judges interviewed indicate that they would hardly see the three magistrates responsible for the Marine Le Pen file not to take into account the decision of the Constitutional Council, even if they in no way have the obligation. This is why, the leader of RN deputies will closely follow the fate reserved for the elected Mahorais. As a reminder, five years in prison, two of which are close and five years of ineligibility with provisional execution had been required against Marine Le Pen. But the calendar is very tight: the decision of the Constitutional Council about the elected official of Mayotte will not be known before ten days, i.e. 48 hours before the judgment of the Paris court in the case of FN MEPs (now RN). If the affair of European assistants of the National Front in which Marine Le Pen is involved has nothing to do with that of the elected Mahorais, the very tight calendar between the decisions of the two cases could change the situation.