Composition of the new government, vote of confidence of the deputies, role of the head of state … The “8h30 franceinfo” of Jean-Philippe Derosier

The constitutionalist was the guest of “8h30 franceinfo”, Thursday July 4, 2024.

Jean-Philippe Derosier, constitutionalist and professor of public law at the University of Lille was the guest of “8h30 franceinfo”, Thursday July 4, 2024. Vote of confidence of the deputies, role of head of the armies of the President of the Republic; composition of the new government… He answered questions from Agathe Lambret and Jérôme Chapuis.

The Constitution does not impose a “political colour”

“She does not say that the government must be of one political colour or another”explains Jean-Philippe Derosier, professor of public law at the University of Lille, a few days before the second round of early legislative elections. The constitutionalist affirms that “It is up to the Prime Minister appointed by the President of the Republic, and only by him, to try to form a government which does not immediately expose itself to censure by the National Assembly”.

No mandatory deadline for appointing a new government

“The Constitution does not impose any deadline, there is no formality”he maintains. The professor of public law does not “don’t believe” as long as France will suffer the same government crisis as Belgium. In 2010-2011, Belgium was in fact without a government for more than 500 days. This situation is partly due to the fact that in Brussels, “There must be an agreement from the new government to take office, an agreement validated by the National Assembly”The situation is therefore very different from France.

Furthermore, the Prime Minister is not obliged to submit to a vote of confidence by the deputies. Jean-Philippe Derosier cites the case of Gabriel Attal who refused this vote after his appointment. “A government in France never needs to prove that it has the confidence of the Assembly, it is up to the Assembly to prove that it no longer gives its confidence”he analyzes.

The President of the Republic is head of the armed forces

Marine Le Pen considered that the role of head of the armed forces of the President of the Republic would be “honorary” in the event of cohabitation since, according to her, “It is the Prime Minister who holds the purse strings”. However, according to the constitutionalist, the outgoing president of the RN group in the Assembly “is mistaken”. He is the head of state. “who decides to send the troops, with the countersignature of the Prime Minister”he specifies.

Find the entire “8h30 franceinfo” from Thursday July 4, 2024: