France’s Highest Court Upholds Sarkozy’s Campaign Finance Conviction

The Court of Cassation, France’s highest judicial authority, has upheld the conviction of former President Nicolas Sarkozy for illegal campaign financing during his 2012 reelection bid. This ruling, confirmed on Wednesday, also applies to Sarkozy’s campaign manager and two aides from his political party, who were similarly found guilty. The Court of Cassation’s decision not only maintains the appeal court’s ruling but also reinforces the legal boundaries of electoral financing in France.

Sarkozy received a sentence of one year in prison, with six months suspended. The court found that he knowingly exceeded the legal spending limit of €22.5 million, having reportedly spent €42.8 million on his campaign. This case, widely referred to as the “Bygmalion affair,” involved the public affairs firm Bygmalion, which created fraudulent invoices to facilitate this overspending.

Legal Findings and Appeals

The Court of Cassation rejected the defendants’ three grounds for appeal. The first argument questioned the participation of a supplementary judge in the proceedings. The court ruled that the judge was entitled to participate in prior discussions, even though he was absent during the final deliberation.

The second appeal centered on the alleged discrepancies between the evaluations of campaign expenses by the Constitutional Council and the appeal court. The court dismissed this claim, stating that the appeal court had uncovered concealed campaign expenditures. The final point of appeal contended that the appeal court did not adequately consider arguments concerning the other defendants. The court found that the appeal court had sufficiently established the complicity of Sarkozy’s aides.

Under French law, specifically a 1962 statute governing presidential elections, candidates are entitled to state funding for their campaigns. They are required to report their expenditures to the National Commission on Campaign Accounts and Political Financing. The Court of Cassation affirmed that Sarkozy’s campaign had failed to comply with these legal requirements.

Ongoing Legal Challenges

Sarkozy is currently free from prison while appealing a separate conviction related to attempts to secure campaign funding from Libya in 2007. The repercussions of these legal challenges have significant implications for Sarkozy’s political legacy, as he remains a prominent figure in French politics despite facing substantial legal scrutiny.

This ruling marks another chapter in the ongoing scrutiny of political financing in France, underlining the importance of transparency and accountability in electoral processes. As the legal battles continue, the case serves as a reminder of the critical role that judicial oversight plays in maintaining the integrity of democratic systems.