“It was not the government of the judges who made this court decision possible, but the policies themselves”, according to the philosopher Pierre-Henri Tavoillot in reaction to the condemnation of Marine Le Pen. The author of How to govern a people-king? And Do we still want to live together? (Odile Jacob) wonders about the consequences of the laws adopted since 2016 to “moralize” public life. According to him, the sanction targeting the leader of the RN, which he deems “logical in the state of law”, risks having a politically “catastrophic” effect. “We thought that the presidential elections of 2027 would allow a form of clarification with the perspective, whatever the result, to refound a form of legitimacy which France has a crucial need in these troubled times: it is this horizon that collapsed,” he said.
L’Express: What do you inspire in the condemnation of Marine Le Pen?
Pierre-Henri Tavoillot. In the state of law, the condemnation of Marine Le Pen seems logical. On the other hand, the provisional execution of his sentence of ineligibility lends to debate. Eminent lawyers, little suspected of lepenist sympathies, criticize the decision of the magistrates. The latter did not make a political decision proper, but as soon as it interferes in the next presidential election, it becomes so. It would not have been contrary to justice to take into account the electoral context and not to pronounce immediate ineligibility.
I add that the legal rules for financing parties which are the origin of this judgment do not seem absolutely fair to me with regard to emerging parties, unlike the installed parties. The RN is not the only one to be concerned. LFI and the MoDem have been condemned for similar reasons: wanting to bring to life the policy of party executives who aspire to live for politics.
Some, especially on the right, see in this decision the consecration of the government of the judges. What do you think?
It was not the government of the judges who made this court decision possible, but the policies themselves. Hoping to reconquer the confidence of citizens, they have adopted many laws to “moralize” public life. There was 2016 Transparency Law (called Fir II), then the Bayrou Moralization Law in 2017. Not that certain practices should not be taken, but this strategy turned out to be suicidal. Because the French said to themselves: we are right to be wary of politicians since they themselves have the need to always strengthen the dikes to help cheating!
Predictable consequence: instead of making confidence, it is distrust that exploded. However, in my opinion, the heart of our crisis does not reside in the suspicion of immorality of politicians, but in the observation of their ineffectiveness. It is public impotence that policies themselves organized by multiplying the controls of their action to the point of making it impossible. The fear of abuses of power ends up producing abuse of counterweight and the extinction of the ability to act in democracy.
One more step towards what you call “nameocracy”, the power of standards?
In recent years, through the fault of politicians, convinced of their own illegitimacy, the law has tends to hypertrophy. The standards explode, the possible appeals against public action are multiplying. As you go, the law always becomes more broad, obese and complex. It loses its protection and clarification function. From now on, the Council of State can condemn the State for climate inaction and put it in the fine of several million, taken in the Treasury! It is irresponsible to have given the keys to political functioning to legal action. It is an unprecedented tilting. We have gone from democracy by voices, to democracy by law.
A democracy in which the political leader must embody an absolute model of purity?
It should be remembered that the word candidate comes from the Latin candlewhich means “white”. Under the Roman Republic, people presenting themselves in the consular election had to wear a white toga, the white symbolizing their purity. Candidate also gave the Candide word. Politicians were very candid and ingenuous by suggesting that it was necessary to be perfect and transparent purity to do politics!
The Keeper of the Seals, Gérald Darmanin, denounced the threats made against the magistrates of the Paris court. Isn’t judicial populism also a threat to our democracy?
Our democracy is based on a fragile balance between the state, the people and the law. In order for this building to stand, it is necessary neither too much power, nor too many people or too much right, but a subtle mixture of the three. However, the law, which has the function of slowing down the state (often tempted by excess) and the people (sometimes seduced by its omnipotence), itself has no brakes. He must therefore be able to be challenged. It is not unfair to criticize justice. And the latter is not free from reproaches. He sometimes makes incomprehensible decisions. Citizens can rightly judge it surprisingly complacent when it comes to environmental activists or small offenders.
François Fillon, Nicolas Sarkozy and now Marine Le Pen … opinion could have the feeling that the magistrates are more severe with the right …
Or when the right is more dishonest! But it cannot be denied that there is a sociology specific to the judiciary and that certain left -wing ideologies thrive more than elsewhere. So I let the reader decide between these two hypotheses.
Will the sanction targeting Marine Le Pen, who was considered the favorite of the next presidential election, will not increase the feeling of dispossession of part of the population, which will feel even more repressed in the democratic field?
From this point of view, the sanction which aims Marine Le Pen is catastrophic. The pro-pen feel dispossessed of their choice and the anti-the pen are reinforced by the image of policies that cheat. It was thought that the presidential election of 2027 would allow a form of clarification with the perspective, whatever the result, to refound a form of legitimacy which France has a crucial need in these troubled times: it is this horizon that collapsed.
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