France’s Council of State has confirmed the dismissal of far right leader Marine Le Pen from her role as departmental councillor, following her conviction in March for using EU funds to pay party staff and a five-year ban from holding public office.
France's highest administrative court on Monday rejected Le Pen’s appeal against her removal as councillor of the Pas-de-Calais department after she was sentenced and immediately banned from running for office.
Le Pen, who was re-elected to the National Assembly in the first round of the snap elections in 2024, argued that the law leading to her dismissal did not respect the principle of equality, as parliamentarians only lose their seats after a final conviction, whereas local positions are terminated immediately.
Immediate dismissal
The Council of State said the rules had been applied “as they have been consistently interpreted by the case law", meaning local elected officials who are banned from office with immediate effect must be automatically be dismissed by the prefect.
They court also noted that the Constitutional Council had ruled at the end of March on the difference in treatment of MPs and local elected officials, and determined that municipal councillors are not in the same situation as MPs, because of the constitutional powers they hold “in the exercise of national sovereignty, the passing of laws, and the oversight of the Government’s actions”.
The Council of State said departmental councillors are in a similar position to municipal councillors, so the same reasoning applies.
Le Pen therefore remains an MP, but cannot continue serving as a departmental councillor.
The council had already rejected Le Pen’s appeal challenging the immediate application of her term of ineligibility.
Her appeal trial is scheduled to take place from 13 January to 12 February, with a decision expected four months later.
If the sentence were to be upheld, Le Pen would be barred from running in the 2027 presidential race.
(with newswires)
