After a first round of consultations, the head of state ruled out, on Monday evening, “the option” of a New Popular Front government. His decision has been widely criticized on the left, which believes that he is overstepping his role as President of the Republic.
It’s no, no and no again. Since the New Popular Front (NFP) proposed Lucie Castets’ name to be Prime Minister on July 23, Emmanuel Macron has continued to brush aside the profile of the senior civil servant to replace Gabriel Attal. The latest refusal was recorded in a press release from the Elysée on Monday, August 26. “Given the views of the political leaders consulted, the institutional stability of our country therefore requires that we not retain this option”detailed the Elysée at the end of the multiple consultations carried out by the head of state since Friday.
With this statement, Emmanuel Macron abandons a form of neutrality, displaying his desire to choose the government that he considers to be the strongest possible so as not to be overthrown. “The President of the Republic noted that a government based solely on the programme and parties proposed by the alliance with the largest number of MPs, the NFP, would be immediately censored by all the other groups represented in the National Assembly. Such a government would therefore immediately have a majority of more than 350 MPs against it, effectively preventing it from acting.”it is written in the press release.
These statements were immediately strongly criticized by the left. “This is a completely unacceptable anti-democratic coup, which is based on an argument that makes no sense.”said Manuel Bompard, the coordinator of La France Insoumise, on BFMTV. The presidential decision “does not correspond at all to the logic of the institutions, it is extremely worrying. Democracy means nothing in the eyes of the president and I find that extremely dangerous”Lucie Castets warned on France Inter. “We are swimming in full illiberal drift”environmentalist Marine Tondelier lambasted on franceinfo.
“We are having this election stolen from us. (…) What makes me very angry is that he talks about stability, but three-quarters of the French want change, they need it.”
Marine Tondelier, national secretary of the Ecologistson franceinfo
For left-wing leaders, it is up to Emmanuel Macron to appoint the Prime Minister and then up to Parliament to censure or not this new government. “We are ready to give it a try, we are ready to negotiate agreements to avoid being censored. If Lucie Castets were at Matignon tomorrow, she knows that she would have to last by negotiating, by discussing, by relying on Parliamentinsisted socialist MP Arthur Delaporte on RMC on Tuesday morning. In a democracy, we cannot decree a priori that a government is not possible.”
Can Emmanuel Macron legitimately oppose the appointment of a Prime Minister because he believes that the latter’s government would be quickly overthrown? Factually, nothing in the Constitution prevents him from making this choice. “The President of the Republic ensures compliance with the Constitution. He ensures, through his arbitration, the regular functioning of public authorities as well as the continuity of the State”provides article 5 of the fundamental text of the Fifth Republic. “All the prerogatives of the head of state can be linked to the continuity of the state”analysis for franceinfo Arthur Braun, lecturer in public law. This opinion is shared by the lawyer specializing in public law Jennifer Halter, author of Little Book of the French Constitution (First editions).
“Emmanuel Macron does not seem illegitimate to me in wanting to ensure the stability of institutions.”
Jennifer Halter, lawyer and public law specialistto franceinfo
Already, at the end of July, the head of state had found himself under heavy fire from critics from the left after refusing to appoint Lucie Castets to Matignon. “The question is what majority can emerge in the Assembly so that a French government can pass reforms, pass a budget and move the country forward”he justified on France 2, on July 23. The question of the stability of the new majority was present, and the specialists judged at the time that there was no reason to speak of an institutional coup d’état.
“In his institutional mission, Emmanuel Macron must appoint a Prime Minister who can enjoy the confidence of Parliament and is capable of not being immediately censored”assures Arthur Braun. In other words, to remain in office, a Prime Minister must ensure that fewer than 289 deputies vote for a motion of censure against him. Maintaining the government in place is part of the regular functioning of public powers, constitutionalist Dominique Rousseau also asserts on the social network X.
Politically, however, the matter is more complicated. “As a constitutionalist, I do not blame him for consulting and looking for a Prime Minister who can hold out. On the other hand, we can blame him for dragging things out. We can also blame the head of state for his ulterior political motives, but what else can he do?”asks Arthur Braun, for whom the head of state “must find alternative majorities” to govern.
Some believe that it was the head of state himself who caused a form of instability by announcing the dissolution on the evening of the European elections which had failed for the former majority. “De facto, the result of the legislative elections created institutional instability”analyzes Jennifer Halter, with three clearly divided blocks. “There are actually three relative majorities”says Arthur Braun.
However, for the moment, no name has emerged within the central bloc or the right to present a solution other than Lucie Castets for Matignon. This is why Emmanuel Macron decided to continue his consultations on Tuesday with a reduced panel of parties. La France Insoumise, the National Rally and Eric Ciotti’s supporters were not invited, while the other parties of the NFP assured that they would no longer go to the Elysée if the appointment of Lucie Castets to Matignon was not the option chosen.
The situation therefore seems frozen, with three main blocs that do not intend to make concessions to each other. Without compromise, the next government would therefore face a motion of censure from all the other forces. “The Constitution allows Emmanuel Macron to be master of the situation, but he would find himself in a configuration reminiscent of that of the Fourth Republic”with strong governmental instability, summarizes Jennifer Halter. “The work continues”Emmanuel Macron said on Tuesday afternoon, after the resumption of consultations. They are very far from being completed.