Does a President of the Republic have the right to campaign for his party?

The head of state responded at length to journalists’ questions on Wednesday. A “cultural ambiguity” despite the rules which define these presidential speeches.

By announcing the dissolution of the National Assembly on Sunday June 9, Emmanuel Macron immediately launched the legislative campaign. Between now and the first round, set for June 30, the head of state has not really decided to keep a low profile during a short but intense campaign. Already very involved during the European campaign, the Head of State participated on Wednesday June 12 in a press conference in Paris to defend his political choices and ward off “the spirit of defeat” who would win the ranks of the presidential camp before the vote.

However, can the head of state get so involved in a campaign for early legislative elections? “Electoral law does not prohibit the President of the Republic or ministers from campaigning, provided that there is no confusion between their political function and their campaign activity”, specifies Romain Rambaud, professor of public law at Grenoble Alpes University. However, there are limits to this investment in the legislative campaign, in two areas: the means used for campaigning and media interventions.

The head of state cannot use the means linked to his function to campaign. The press conference organized on Wednesday took place at the Pavillon Cambon Capucines, a place reserved for the occasion by the Renaissance party, and not at the Elysée. As for the collaborators of the president or ministers who were present at the event, they had to take leave.

All costs incurred by Emmanuel Macron’s interventions in this campaign must be declared in the campaign accounts of Renaissance candidates. “We will take into account all expenses, except those related to his security, since he maintains security even on private sequences”, explains the presidential party. These costs, like the salaries of the headquarters teams, will then be broken down, that is to say divided by the number of candidates for the legislative elections. All expenses will be examined retrospectively by the Campaign Accounts Commission (CNCCFP), which will validate them or not.

On the other hand, if Emmanuel Macron travels to support a candidate in one of the 577 constituencies in France, the costs incurred do not need to appear in the campaign accounts, as the CNCCFP points out, under case law. established by the Constitutional Council and the Council of State.

Broadcast on several television channels, Wednesday’s press conference should probably be counted by Arcom, the audiovisual policeman, as speaking time for the Renaissance party, and not as presidential speaking time. The verdict will not come immediately, however: in a recommendation published Monday for the legislative campaign, the regulatory body communicated a schedule of transmissions to be carried out by television channels, for each period of the campaign. Each channel must declare what corresponds, in its opinion, to airtime devoted to the regalian and what has a link with the campaign itself. Then, Arcom performs an analysis of this count but does not correct the chain estimate. If it considers that the channels have not calculated what is necessary, it warns them of a possible balance without directly influencing the editorial line.

It’s the same thing for social networks: the president cannot use the official accounts of the Elysée to broadcast campaign messages, he must use his personal accounts. Despite these regulations which aim to separate the president from the campaign manager, it remains “a confusion, a cultural ambiguity, between the State and politics”, believes Romain Rambaud. A president in campaign will in fact have a much higher media coverage than many candidates.

The same rules also apply to the head of government and his ministers, who must also respect a reserve period. Since Monday and the publication of the decree calling the elections, they have had to drastically limit their travel and communication.

If he has the right to invest in the campaign, and to appear on candidates’ posters or their profession of faith, the usefulness of this involvement is called into question even in his own camp, where it is considered that Emmanuel Macron should instead step back. Many candidates have also decided to campaign without highlighting the president on their posters, unlike in 2022.

“I definitely don’t want to be linked to him during this campaign.”

An outgoing MP from the majority

at franceinfo

“It’s not a burden, but Emmanuel Macron cannot enter the campaign”, said Richard Ramos, outgoing deputy for Loiret, on RMC. “We are grassroots deputies, we must let us carry out our campaign. For President Macron, today, there is a sort of rejection.”

At Renaissance headquarters, we plan to carry out this campaign as usual. “It is obviously not going to disappear from campaign material”however, we explain. “A kit” will be made available to all invested candidates. “They’ll pick whatever they want from there.”

In fact, Emmanuel Macron refused to get involved in the campaign. “The President of the Republic must set a course, a vision, but he is not there to campaign in the legislative elections. I will not campaign in the legislative elections. In the same way that I did not do so in 2022 and in 2017”he defended himself during his press conference.

“It is the Prime Minister who will lead this campaign with the leaders of the majority who are there at his side.”

Emmanuel Macron, President of the Republic

during his press conference

Gabriel Attal, who denounced on Tuesday morning before the former deputies of the majority a decision “brutal” on the part of the president, in fact announced that he intended to be on the front line by June 30, despite this disagreement on the dissolution of the Assembly: “I will lead this campaign as majority leader and as prime minister”he promised on TF1.


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