Why relying on legal penalties risks fuelling the far right – and undermines democracy itself

The recent conviction of Marine Le Pen, and several members of the Rassemblement National (National Rally), for embezzling European Union funds has sent shockwaves through France‘s political landscape. Found guilty of misappropriating over four million euros intended for parliamentary assistants, Le Pen faces a five-year ban from seeking public office, effectively barring her from the 2027 presidential race.

Misuse of public funds must be punished, but we cannot afford to be naive: the fight against authoritarianism cannot be waged with authoritarian tools.

We know this from experience. Across Europe, those who challenge the establishment – left, right, or otherwise – have seen institutions weaponised against them. We saw it too in the United States, where Donald Trump’s impeachment only served to iron the will of his supporters who already identified him as a martyr. We cannot allow democratic competition to be replaced by judicial exclusion.

Our co-founder, Yanis Varoufakis, expressed it clearly: “Lawfare is wrong whomever it targets. And it is stupid to boot. France’s neofascists will only benefit from this.”

At DiEM25, we have never called for the judiciary to do the work of political movements. The far right must be confronted – not in courtrooms, but through mass mobilisation, through radical hope, through bold and democratic alternatives.

This happened in France during the 2024 legislative elections, when the people mobilised and defeated the RN at the ballot box. That victory was not delivered by judges – it was earned in the streets, in neighbourhoods, and at the polls.

We will face them again – and we will defeat them again. Not because they are banned, but because we offer something better.

Let this serve as a warning – not only to those who misuse public funds, but to all who believe that democracy can survive without trust, legitimacy, and the power of people organising from below.

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