PARIS — President Emmanuel Macron’s controversial pick to lead France’s highest constitutional authority for the next nine years was given the green light on Wednesday by the thinnest of margins: He came just one vote short of being rejected.
Richard Ferrand’s nomination, which was announced earlier this month, was immediately met with widespread criticism from Macron’s political opponents and legal scholars due to his particularly close relationship with the president and limited legal training. Unlike other constitutional courts, France’s Conseil Constitutionnel isn’t exclusively made up of trained judges or lawyers, with former politicians often being appointed.
Nominations to the Conseil Constitutionnel have historically passed without much fanfare, but the fractured state of the French legislature and the controversial nature of Ferrand’s appointment added an element of drama to the proceedings. No other nominee has come this close to being shot down in modern French history.
Ferrand ended up with an unlikely assist from the far-right National Rally, which decided to abstain rather than vote against his appointment. National Rally spokesperson Bryan Masson told reporters that Ferrand had “reassured” far-right lawmakers during his confirmation hearing.
The party has a particularly vested interest in the makeup of the next Conseil Constitutionnel, as the court is set to rule on a case that will directly impact National Rally leader Marine Le Pen’s ability to stand in the next presidential election.
Le Pen has been on trial for allegedly taking part in an embezzlement scheme and prosecutors have asked that she be banned from running for public office for the next five years and that the sentence be immediately executed — even if she appeals.
The court is set to rule whether enforcing an ineligibility ruling before a defendant has exhausted their appeals undermines the constitutionally guaranteed right of voters to freely choose their representatives. That judgment will likely come before the Le Pen verdict, which is slated for late March.
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