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Enforcing the Law of Democracy: On the Marine Le Pen Ineligibility Judgment and Its Implications (verfassungsblog.de)

submitted 10 months ago by PhilipTheBucket@ponder.cat to c/legalnews@lemmy.zip

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[–] SubArcticTundra@lemmy.ml 1 points 10 months ago* (last edited 10 months ago) (2 children)

The authors are (imo validly) criticizing that besides financial fraud, which she clearly did commit, the court also introduces a novel concept of her being a threat to 'democratic public order' as a justification for parts of its ruling – which is not a legal violation per se and the use of which as basis for a decision is hence questionable.

I get what the court is trying to do (="millitant democracy") but I also get why the authors find this dubious.

[–] BrikoX@lemmy.zip 2 points 10 months ago

The "democratic public order" argument is not used for the rulling, just the enforcement mechanism (i.e. the ban being immediate). Which in and of itself is not novel, just rarely used.

Novel or not it just plainly makes sense. If you can suspend the rulling via appeal process it effectively becomes null and void since the rulling is time sensitive.

It's also fitting, since her party and she personally argued for this exact mechnicism to be used by all courts in corruption cases.

[–] SubArcticTundra@lemmy.ml 1 points 10 months ago* (last edited 10 months ago) (1 children)

Rooted in the idea that certain democratic freedoms—such as [...] political participation—may need to be legally restricted to safeguard democracy against internal threats, millitant democracy

[–] SubArcticTundra@lemmy.ml 1 points 10 months ago (1 children)

Here is an article I read the other day that is of the opposite opinion.

[–] SubArcticTundra@lemmy.ml 1 points 10 months ago* (last edited 10 months ago)

Also, on the topic of Romania,

https://verfassungsblog.de/romanian-militant-democracy-in-action/

the Ruling connects democracy and rule of law with Romania’s membership in the European Union and the North Atlantic Treaty Organization, making Romania’s withdrawal from these two communities unconstitutional.

This is concerning, if it ever gets used to ban someone advocating EU withdrawal from running for election. democracy <=/=> EU