Equality by lot

The recent judgment against Marine Le Pen in France has been compared to the decision against Georgescu in Romania. In each case a prominent “extreme right wing” candidate in a European country has been barred from participating in an election campaign in which they had a fair chance of winning. In fact, however, Le Pen’s case is much more similar to that of Turkey’s Imamoglu than to Georgescu’s.

First, unlike Georgescu, whose electoral win was retroactively annulled and who was barred from an election that is merely weeks away, Le Pen’s and Imamoglu’s electoral potential in elections that are years away is speculative. Second, and more importantly, while Georgescu was disqualified on openly political grounds, Le Pen and Imamoglu are being disqualified due to being convicted for illegal actions (or may be convicted and disqualified in the case of Imamoglu who has been arrested but not convicted or officially disqualified yet, I believe). The merits of the cases against Le Pen and Imamoglu may (or may not) be very different, but unlike the case of Georgescu, formally these cases are of the same type in the sense that they are both matters of legal determination rather than of setting political limits on candidates.
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