The Constitutional Council declares in accordance, with reservations, the automated resignation of native elected officers condemned to an ineligibility sentence with rapid utility | EUROtoday

Few precedence questions of constitutionality (QPC) are agitating political commentators. That addressed by the Constitutional Council, Friday, March 28, is a part of this uncommon class – though for captive causes. Seized by Rashadi Saindou, an elected consultant Mahorais sentenced, in June 2024, the Council was chargeable for deciding on the conformity with the structure of the results of the sentence of ineligibility accompanied by a provisional execution for the one municipal elected. Or, extra prosaically, of their resignation routinely by the prefect, at present utilized, would they’ve appealed their conviction. A consequence in accordance with the Constitution, with a reserve, determined the jurisdiction.

The National Rally (RN) needed to see a extra normal opinion on the constitutionality of the provisional execution, particularly for nationwide mandates, three days earlier than the deliberation within the file of European parliamentary assistants of the National Front. During the trial, the prosecution had certainly requested a sentence of 5 years of ineligibility accompanied by a provisional execution in opposition to Marine Le Pen, pure candidate of the social gathering for 2027. This March 28, the constitutionality of the precept of provisional execution was not on this system. In the previous two years, a number of QPCs have been proposed on this topic – with out having been deemed related by the Court of Cassation and the Council of State, which had refused to transmit them to the Constitutional Council.

During the listening to of March 18, the applicants-Mr. Saindou, to whom the previous mayor of Toulon Hubert Falco and the previous mayor of Saint-Thibault-des-Vignes (Seine-et-Marne) had joined (Seine-et-Marne) joined. The first of them being the ignorance of the best of eligibility and its corollary, the preservation of the liberty of the voter: is it not the citizen to determine if he not desires a just lately condemned mayor? To this query, the Constitutional Council solutions no. Ineligibility penalties “Contribute to strengthening the requirement of probity and exemplarity of elected officials and the confidence of voters in their representatives, specifies the jurisdiction in its press release. Thus, they implement the objective of constitutional value of safeguarding of public order ”.

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