A dangerous trend is emerging across Western Europe. Conventions and rules that are absolutely critical to the proper functioning of a democracy are being bent, a development that is progressively eroding popular trust in governments.
Europeans have been reminded of this trend in recent days, as a French prosecutor has demanded jail time and ban on political activities for Marine Le Pen of the National Rally (RN). Currently on trial alongside 24 others for embezzling EU funds, Le Pen is widely considered to be in a good position to win France’s 2027 presidential election. If she is found guilty of these charges, however, she will not be allowed to run.
Le Pen is alleged to have hired assistants for roles in the European Parliament who ended up doing political work for the RN. The economic damage was reportedly around €3 million, of which the party has already returned €1 million, while also claiming that this should not be seen as an admission of wrongful conduct.
Similar treatment is being meted out to Right-wing parties and politicians across the continent. In the case of Austria, it came with the suspension of an 80-year-old informal rule dictating that the party which receives the most votes is allowed to form a government, after the Right-wing Freedom Party won elections last month. Meanwhile in Germany, a debate has been revived about banning the Alternative for Germany (AfD) before federal elections in February. In other words: the exclusion of the second most popular party in the country from participating in the political process.
None of this bodes well for the future of democracy in Europe, because a system that tries to ban instead of engage with the substance of what surging populist parties are demanding is doomed to fail. After all, it is not the charismatic personalities of the AfD’s Alice Weidel or the RN’s Le Pen which explain their parties’ popularity. Instead, they are rising in the polls because they have dared to touch on the topics which the establishment parties have for decades refused to discuss: migration, cultural decline, and economic stagnation.
In Germany and France, we see parallel attempts to keep the most popular challengers to the status quo off the ballot, but there is significant risk that these attempts will backfire. The German Christian Democratic Union (CDU) politician Marco Wanderwitz wants to submit a law banning the AfD before Christmas, in the hopes that it could still take effect before federal elections early next year.
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SubscribeHmm… our political so-called ‘elites’ seem to pride themselves on their cleverness, seeking to position themselves above their populations, i.e. their electorates; perhaps even seeking to position themselves beyond their electorates.
Given what’s just transpired in the US, have they been watching? Or if they have, has that made them even more desperate to push their popular oppositions out of the race, whilst they still think they have a chance?
It transpires that actually, our ‘elites’ are pretty stupid. They’re acting more and more like an Ancien Regime, and we know what happened there.
Wonderful way to get your own way! Just pay the money and “prove” those you don’t agree with are acting illegally.
Will Lawfare come back to bite the Democrats in the States? No idea, yet, but after one side starts the shenanigans then the other side can have a go.
In the UK the Lawfare after Boris tried to prorogue Parliament was mad. Parliament had all the power they needed to stop/hinder/change this but that would have involved taking responsibility and resulted in a vote of no confidence in the Government. Not what “they” wanted.
These two cases in France and Germany, for me at least, seem to be part of the win at all costs mentality. But also abrogating responsibility for the democratically elected to state their case and then win or lose on a vote of the electorate.
I do think that “the State” is now more powerful than the various Parliaments and elected bodies. In the EU, UK and various European supposed democracies. The USA? Too early to tell what “legal” push back Trump will find himself facing. I don’t think that a nominal majority in the Senate and House will stop “Lawfare”.
Europe and Britain are in big trouble. I am very fearful of what will happen over the course of the next decade. You can’t keep implementing policies that harm your citizens and remove any democratic accountability for those decisions.