To conclude and be complete, we would like to recall that article 8 of Decree No. 2001-213 of March 8, 2001 relating to the presidential election offers the possibility to any person who has collected at least one sponsorship for the presidential election to formulate a complaint before the Constitutional Council against the establishment of the list of candidates.
Article 8 of Decree No. 2001-213 of March 8, 2001 relating to the presidential election offers any person who has received at least one sponsorship the possibility of submitting a complaint to the Constitutional Council against the establishment of the list of candidates.
Conversely, another legal opinion indicates that the five-year ineligibility with provisional execution decided by the criminal court continues to be executed and is not suspended by the appeal, maintaining Marine Le Pen in her previous legal situation.
Marine Le Pen maintains her candidacy and files an appeal in the context of the affair of the parliamentary assistants of the European deputies of her party, launching a legal debate on the implications of the suspensive effect of an appeal.
This situation revives the question of her ability to run in the presidential election, while a senior magistrate affirmed that she was currently ineligible pending the decision of the Court of Cassation.
According to this legal reading, the court of appeal would have had to pronounce the provisional execution of the sentence for it to be eligible, the quantum of this sentence having been shaped to be served on the day of the decision. The lawyers consider that this case law is “contestable, in that it is likely to dissuade the applicants from exercising their right to appeal before the Court of Cassation”.
According to those who claim that Ms. Le Pen is ineligible because of her appeal, for her to be eligible it would have been necessary for the court of appeal to pronounce the provisional execution of the sentence she pronounced, even though its quantum was shaped in such a way that it would be served on the day of the decision.