Can Jordan Bardella refuse to be appointed Prime Minister in the event of a relative majority?

After procrastinating on several emblematic measures of his party for the legislative election campaign, Jordan Bardella sets the conditions for his entry into Matignon: “If tomorrow I am able to be appointed to Matignon and I do not have an absolute majority (…) well, I will refuse to be appointed”he declared Tuesday June 18 on France 2. “I’m not going to sell the French measures or actions that I won’t be able to carry out, I’m telling them the truth.”justified the leader of the National Rally, Tuesday morning, on CNews.

A message above all addressed to RN voters: “We must give ourselves this absolute majority, otherwise we find ourselves stuck,” pleaded Sébastien Chenu, vice-president of the party, on franceinfo. “There is less and less program and more and more conditions. It’s starting to look like a refusal of obstacles”quipped Gabriel Attal, also on franceinfo.

In the event of a victory for the RN in the legislative elections, the choice of Prime Minister looks complex. To have an absolute majority, the far-right party must obtain 289 seats in the National Assembly. Can Jordan Bardella give up this position if he doesn’t reach this threshold? Franceinfo interviewed several public law professors.

With this declaration, the RN gets the message across “that he will be prevented from governing” in the event of a relative majority, estimates Bertrand-Léo Combrade, professor of public law at the University of Poitiers. “He will have to deal with the Assembly, renounce its most divisive reforms. Emmanuel Macron will have succeeded in his bet, namely showing voters that the RN brings nothing special, no rupture. The RN does not want to be confronted to this situation. He wants to have all the controls to act, or nothing.analyzes the researcher.

In fact, the President of the Republic can appoint whoever he wants as Prime Minister, with regard to section 8 of the Constitution, but custom dictates that the new head of government either a figure of the majority party following the legislative elections. If the RN obtains a majority in the National Assembly, whether relative or absolute, Jordan Bardella, president of the party, is one of the choices available to the head of state.

What if Jordan Bardella refuses to join Matignon, as he announced? “From a strict legal point of view, the Constitution does not require the person appointed Prime Minister to accept the post”confirms Bertrand-Léo Combrade.

“The answer is very clear, Jordan Bardella can refuse to be Prime Minister.”

Bertrand-Léo Combrade

public law professor

This would not be a first, under the Fifth Republic: in May 2022, the socialist deputy Valérie Rabault had claimed to have refused to succeed to Jean Castex. However, to refuse for the reason given by Jordan Bardella would be “unpublished”according to Anne-Charlène Bezzina, constitutional expert and lecturer in public law at the University of Rouen: “It’s a form of pressure on his voters to obtain the most votes – a bit like De Gaulle did with his threats of resignation“she analyzes.

And even if the leader RN accepted Matignon with a relative majority, he would not last long, notes Bertrand-Léo Combrade : “He would do his general policy statement and the National Assembly would immediately overthrow him [par une motion de censure] with the voices of the Macronists [camp présidentiel] and the New Popular Front [coalition de gauche]. Although they hate each other, they probably agree that Jordan Bardella should not be Prime Minister.”

So, what are the possible scenarios if Jordan Bardella refuses to be appointed Prime Minister, and therefore, to govern? “In the event of a very relative majority”that is to say if none of the main political forces present in the National Assembly stands out by its number of seats, it will be necessary to move towards a choice “more consensual” than that of Jordan Bardella, estimates Anne-Charlène Bezzina. Emmanuel Macron will “having to appoint another Prime Minister who will have the confidence of another party in the National Assembly, or rather, that of a coalition of parties”for his part anticipates Bertrand-Léo Combrade.

Three combinations are possible: it could be a Prime Minister having the confidence “of the RN and the New Popular Front” (NFP), “of the RN and the Macronists”Or “Macronists and the NFP”, the most likely option according to the researcher. If no agreement is reached on the proposal of a head of government, the Board of state foresees “the dispatch of current affairs” : while awaiting the appointment of a new government, the current ministry teams are continuing their daily missions. “The government [en place avant les élections] will have to continue to apply the reforms adopted but will no longer be able to adopt new ones. After a year, the president will have to dissolve the National Assembly”explains Léo-Bertrand Combrade.