Les Echos | Opinion by Maxime de Guillenchmidt: Le Pen case “The appeals procedure in cases of provisional ineligibility should be reviewed”
By law, detainees are given priority on appeal. This regime could be extended to cases where provisional execution has been ordered, beyond the RN trial alone.
As the prosecutor’s has decided to bring forward the appeal of the Rassemblement National’s parliamentary assistants to 2026, Maxime de Guillenchmidt, Veil Jourde partner, proposes in an opinion in Les Echos, that a clear regime for provisional ineligibility be written in law, modelled on that of appeals for detainees who are judged within a constrained timeframe.
He underlines the opportuneness of considering a different legal route, instead of making ad hoc decisions without any legal basis.
This latest politico-judicial affair highlights the need for legislators to give more general thought to the introduction of priority treatment for certain appeals when provisional execution is ordered, along the lines of existing arrangements for detainees, aimed at ensuring a balance between the needs of justice and the protection of individual liberties. This system would be an alternative to Eric Ciotti’s proposal to abolish provisional execution altogether.
“Inscribing in law a specific priority regime for provisional execution would avoid manipulating agendas. A bill along these lines would have the merit of putting the question directly to an assembly elected less than a year ago. This would give democratic legitimacy and a legal basis to the judicial calendar finally chosen.”
— Read Maxime de Guillendchmidt’s full opinion below.
