Latest news with #ConseilConstitutionnel
Local France
04-06-2025
- General
- Local France
Marine Le Pen loses latest round of legal battle against ban from politics
On Wednesday the administrative court in Lille ruled against her appeal contesting her automatic resignation as a local councillor in the Pas-de-Calais département, following her conviction in March for embezzlement of millions of euro of public funds. The Lille ruling is the latest in a series of setbacks for the Rassemblement National leader, who was banned from holding political office in France for five years after her conviction. Crucially, judges in her trial ordered that the ban begin immediately, rather than waiting until she has exhausted the appeals process. Most attention has focused on her eligibility to run for president in 2027, but the ban also affects other offices that she holds. At present she retains her position as MP for Pas-de-Calais, but was dismissed in April from her role as a local councillor in the northern département of Pas-de-Calais. Advertisement The Lille tribunal ruled that the electoral code requires "the Préfet to automatically declare the resignation of a departmental elected official declared ineligible by the criminal court, by a provisionally enforceable judgement". Le Pen is appealing against her conviction for embezzlement of public funds in the 'fake jobs' case , but she is also challenging the legality of applying the ban before she has exhausted the appeals process. Her lawyers have posed a question prioritaire de constitutionnalité (QPC) to the Conseil Constitutionnel - France's highest authority on electoral matters - to consider the legality of banning a candidate who has been convicted by the courts, but who has not yet exhausted the appeals process. Because appeals can take years, the answer to this question essentially determines whether Le Pen can stand in the 2027 presidential elections. READ ALSO Who's who in the 2027 French election The Lille court's ruling may be appealed to the Conseil d'Etat within one month, which would suspend the compulsory resignation.
Local France
30-05-2025
- Politics
- Local France
Will Brits in France get voting rights back after court victory?
One of the less publicised effects of Britain's exit from the EU was the loss of voting rights for Brits living in Europe. Pre-Brexit, Brits in France could vote in local elections and European elections - although French law restricts voting in parliamentary and presidential elections to French citizens. Brits in France are now not able to vote in any French or European elections, unless they undertake the lengthy and expensive process of becoming a French citizen. They are also not able to stand for election, and dozens of Brits who had been elected as local mayors or councillors were forced to relinquish their roles after Brexit. READ ALSO 'We will miss our British councillors, they bring new ideas to France' Since the Brexit vote, there have been several court challenges to this on a European level, all of which have failed. Advertisement Now, however, a ruling from a French court appears to give some grounds for hope. A retired British civil servant named Alice Bouilliez, who has lived in France for more than 30 years, won her case at the Auch tribunal in south-west France, which has decreed that she should be restored to the electoral roll, which her name was removed from at the end of the Brexit transition period in 2020. Speaking to UK media, she said: "I am extremely happy about the result. When I went to get the ruling from the court I was extremely surprised because I was expecting a knock on the knuckles. She added: "I have won the right to vote only in the EU elections. The rest is for later I hope." So will this pave the way for a restoration of voting rights for Brits? The court ruling is limited in its scope - it refers only to European elections, not French local elections, and it refers only to 'restoring' people to the electoral roll, meaning that it would only apply to Brits who were both resident in France pre-Brexit, and were registered to vote. There's also the fact that Bouilliez has already taken her case to the European Court of Justice, which ruled against her in 2022. Several other Brits living within the EU have also taken similar test cases to the European court on the subject of pre-Brexit rights, and all have been rejected. The Auch court is a Tribunal, one of the lower levels within the French court system, meaning that its ruling could be overturned by an appeal court. In France, the body that has the final say on all matters to do with elections and voting - from administration of the voting rolls to confirming the election of the president - is the Conseil Constitutionnel. Reciprocal voting rights are now the subject of bilateral treaties - Spain, Portugal, Denmark, Poland and Luxembourg – have agreed that each other's citizens can continue to have rights in local elections, but there is no such treaty with France. Advertisement If agreed, any such treaty would cover all Brits living in France, including those who moved after Brexit, but it seems that at present there are no negotiations between France and the UK on this topic.
Local France
30-05-2025
- Automotive
- Local France
Is this the end of France's Crit'Air zones for drivers?
If you're driving in France's biggest towns and cities, your vehicle will need to display a sticker known as Crit'Air, denoting how polluting it is. Some of the oldest and most polluting vehicles under the Crit'Air scheme are banned from city centres, with plans to expand these low-emissions zones. First introduced in 2017, the low-emissions zones have helped to lower pollution levels in some cities, but they have long been the target of complaints that they are overly complicated and confusing, as well as poorly enforced. Because many of the rules were introduced on a local level, France ended up with a patchwork of different regulations, meaning the same vehicle might be allowed in the town centre in Bordeaux, but not in Paris. Added to that is the fact that local authorities can implement temporary bans on days when pollution levels are high. READ MORE: Crit'Air: How France's vehicle emissions stickers work A new law in 2021 aimed to standardise rules and expand the zones to smaller towns, although wide local disparities remain. Why are we talking about this now? On Wednesday, French MPs voted in favour of an amendment that would scrap low-emission zones, or zones à faibles émissions (ZFEs), as defined in the 2021 law. Advertisement The goal of ZFEs is to decrease air pollution, which contributes to thousands of deaths in France each year, but critics have said that the ZFEs penalise lower-income workers who rely on their vehicles for daily life and cannot afford to replace them with a newer, more environmentally friendly model. The move to get rid of ZFEs was primarily supported by members of the right and far-right, as well as some left-wing politicians. But despite the vote, it is not certain that the low-emission zones will actually be scrapped. What's next? The move to scrap low-emission zones was added as an amendment to a bill currently making its way through parliament, known as the 'simplification' bill , it aims to streamline administrative processes. As of Friday, there were still over 600 amendments left to study before MPs could vote on the full bill. Then, in order to pass, the bill must receive majority support in the Assemblée nationale. Even if the bill as a whole does pass, there are still several hurdles to clear. Firstly, the amendment related to ZFEs could also end up being scrapped by France's Constitutional Council (Conseil Constitutionnel). This happens relatively often in the French legislative process - if MPs add an amendment that is completely unrelated to the original idea of the bill, then the Conseil Constitutionnel has the power to deny it. READ MORE: EXPLAINED: What is France's Constitutional Council and how does it work? The other concern for French lawmakers has to do with the EU. The EU promised to give France €40 billion in subsidies as part of its 2020 European recovery plan , with the understanding that France would take steps to reduce greenhouse gas emissions. If France fails to meet these commitments, the country could be required to pay a portion of the aid money back to the EU. On top of that, France's own Conseil d'État (Council of State) could force the country to pay penalties for failing to meet air quality thresholds if the ZFEs are scrapped, French news site Capital reported. Advertisement What is the current status of the low-emission zones? As of January 2025, there were 42 urban areas classified as ZFEs, meaning motorists must display the Crit'Air sticker, but the requirement to gradually increase bans on polluting vehicles has been diluted quite a bit in the last few years, in response to criticism. READ MORE: MAP: The French cities with Crit'Air low emission zones in 2025 Initially, as part of France's 'climate and resistance law' from 2021, the parliament voted to gradually require urban areas with more than 150,000 inhabitants to bring in low-emission zones. The idea was that from 2023, Crit'Air 5 vehicles would be banned, then Crit'Air 4 vehicles from 2024 and eventually Crit'Air 3 vehicles from 2025. However, in reality, local authorities have been allowed to enforce the rules by their own standards, meaning the exceptions from city to city still vary greatly. Advertisement Following pushback from the public, the French government announced in 2023 they would soften the plans. They decided instead to create two separate distinctions for urban areas based on pollution levels. Cities that regularly exceed air quality thresholds (now called ZFE 'Territories') would have to continue to restrict highly polluting vehicles according to the original rules. In contrast, urban areas that stay within air quality thresholds would be considered 'vigilance zones' and would not be required to enforce new restrictions, though they can do so voluntarily. At the start of 2025, only a handful of cities opted to tighten restrictions on polluting vehicles, while Paris and Lyon were the only two classed as ZFE 'Territories' and required to restrict Crit'Air 3 vehicles. So do I still need a Crit'Air sticker? Fascinating as the French parliamentary process undoubtedly is, for most drivers the big question will be whether you still need a Crit'Air sticker to drive in France (and remember that these are required for foreign-registered vehicles as well). At present, the answer is yes, they are still required - it will take several months to exhaust the various next parliamentary steps, and then a date for ending the scheme must be formalised. In truth, Crit'Air is one of the most straightforward pieces of French admin - you order the sticker online (there's even an English-language version of the website ) at a cost of €3.18 if you are in France or €4.91 if you are in another country. The sticker lasts as long as you keep the vehicle.
Local France
31-03-2025
- Politics
- Local France
What next for Marine Le Pen and the French far right?
The long-awaited verdict was delivered on Monday in a court in Paris , where far-right leader Marine Le Pen and her eight co-defendants were found guilty of embezzlement, relating to 'fake jobs' created in the European Parliament between 2004 and 2016. In addition to suspended jail terms and fines, the court handed down a ban on holding public office for the defendants - several of whom are senior figures in Le Pen's Rassemblement National party. Crucially, Le Pen's five-year ban will take effect immediately - meaning that she cannot stand in an election while she launches appeals against the conviction or the sentence. So what does all this mean for the French political landscape? Advertisement Politics At present Le Pen is MP for Hénin-Beaumont, in northern France - the ban on public office does affect that job too, but it seems unlikely that she will be stripped of that job immediately, although legal experts have this morning been divided on the subject. The majority view appears to be that she will be able to hold on to the role until the Conseil Constitutionnel makes its ruling (more on that below). One of her co-accused, Louis Aliot, is the mayor of the town of Perpignan in southern France - however his ban on holding public office does not take place immediately, so he can hold onto his post if he chooses to appeal. But all eyes are really on the next presidential election - scheduled for 2027 - in which Le Pen will now be unable to stand. Appeals Le Pen has the right to appeal against her conviction or the sentence or both, but the ban on holding public office remains in place while she goes through the appeals process. She can, however, appeal to the Conseil Constitutionnel about the ban on holding public office, and the choice to make it effective immediately. In French law, judges have the option to impose such a penalty avec exécution immediate - which they have done in Le Pen's case - or sans exécution immediate , which means that defendants could hold stay in politics while they launch an appeal. Since the appeals process can take years, in Le Pen's case this is effectively the difference between being eligible in 2027 or not. The Conseil Constitutionnel will therefore have to balance the sentence of the courts with the right to freedom of elections, as enshrined in the French constitution, and Le Pen's place in the political landscape. Advertisement Crucially the Conseil is - compared to the courts at least - quick. Their verdicts are usually delivered in months, rather than years, and certainly well before 2027. READ ALSO How does the Conseil Constitutionnel work? Some of Le Pen's co-defendants have already announced that they will appeal. The reaction from Le Pen's party leaders on Monday was that she had been "unjustly condemned". The 2027 election If the appeal to the Conseil Constitutionnel fails, the Rassemblement National party will have to consider its options for 2027. Le Pen had already declared that she intended to be the party's candidate in the elections - she has stood in the past three presidential elections, coming second in 2017 and 2022. The 2027 election was widely considered to be her best chance yet, due to the fact that Emmanuel Macron cannot stand again (French presidents are limited to two consecutive terms). If she cannot stand, the most likely candidate would be her 29-year-old deputy Jordan Bardella. Ahead of the parliamentary elections in the summer of 2024, the party had put him up as candidate for prime minister if it won control of the Assemblée nationale. However, the party failed to gain a majority and Bardella remains a Member of the European Parliament. He was not implicated in the embezzlement trail. Current polling suggests that he is popular with voters, especially younger voters, but he could struggle with the demands of a presidential election - certainly his own party has always appeared to believe that Le Pen would have the better chance.
Local France
31-03-2025
- Politics
- Local France
Breaking: French far-right leader Le Pen found guilty in embezzlement trial
The judges in Paris found all of the defendants guilty on Monday morning in a case relating to fake jobs at the European parliament. However the main focus in the case is whether Le Pen herself will be barred from holding public office. Sentences are expected to be announced later on Monday. Advertisement Prosecutors had requested a five-year jail term and a five-year ban on holding public office for Le Pen. The judges have the choice of either imposing a ban on holding public office effective immediately, or suspended while she appeals. Because appeals can be spun out for several years this would likely amount to the difference between Le Pen being able to stand in the next presidential election (scheduled for 2027) or not. If the ban is effective immediately, then she has the option of appealing to the Conseil Constitutionnel. READ ALSO The Le Pen embezzlement case explained The case centred around 'fake jobs' - Le Pen and her co-defendants accused of taking up to €3 million in European Parliament funds for staff members who actually worked for the Rassemblement National party in France, and in some cases had never even visited the European Parliament. A bodyguard, a secretary, Le Pen's chief of staff and a graphic designer were all hired under false pretences over a period between 2004 and 2016. The case was first flagged in 2015. Le Pen's father Jean-Marie - founder of the party - was originally among the defendants but was excused from the case on health grounds. He died in January at the age of 96. READ ALSO OPINION Le Pen's future in the balance and France is heading for a messy constitutional row More to follow
