Although the Constitutional Council validated most of the provisions established by the laws for confidence in political life, which it had been seized of, it nevertheless censored a provision included in article 1 of the ordinary law which introduced a penalty of ineligibility of candidates and elected officials up to 10 years, in case of breach of Articles 24, 24a, 32 and 33 of the Law of 29 July 1881 (decisions of the September 8, 2017).
The law, adopted by the Parliament on 3 August 2017, provides for a "mandatory" ineligibility penalty when elected officials or candidates to an election are guilty of crimes or offenses reflecting a "breach of probity." Included were offenses of racial public insult or defamation, homophobic public insult or defamation, public provocation to discrimination, racial or homophobic hatred or violence, apology or the challenge of crimes against humanity.
The Sages said that "freedom of expression is of particular importance in political debate and in election campaigns. Therefore, for all the abuses of the freedom of expression covered by these provisions to be condemned, by providing for the obligatory ineligibility of their author, the legislator has disproportionately affected the freedom of expression ". They found that the eighteenth paragraph of Article I, paragraph I, was unconstitutional under article 11 of the 1789 Declaration.