While waiting for a new Prime Minister, what are the prerogatives of Gabriel Attal’s government?

The current government has not yet resigned, Emmanuel Macron having asked Gabriel Attal to continue his work while the parties build “compromises”. However, in reality, its powers are limited.

An unprecedented situation that is shaking up the Fifth Republic. Nearly a week after the second round of legislative elections, on Sunday July 7, and while the presidential camp only came in second, France still does not have a new government.

This situation could even last for some time. In a letter published in the local press on Thursday, Emmanuel Macron said he wanted to “give political forces some time to build [d]“you are compromised.” The left, which won the most seats in the new Assembly, but not an absolute majority, is demanding the appointment of a Prime Minister from the New Popular Front (NFP). The right and part of the Macronists reject any government that would include La France Insoumise (LFI), a member of the NFP.

From then on, the government of Gabriel Attal remains in place for the moment. Although the Prime Minister submitted his resignation to the President on Monday, it was refused by the Head of State for “ensure the stability of the country”. An unusual choice, given that Republican usage wants the Prime Minister to resign after the legislative elections.

The decision of the head of state is not, however, contrary to the Constitution. Article 8, which governs the role of Prime Minister, does not give the president any specific deadline to end the mandate of his head of government. “The government is therefore fully operational and derives its legitimacy from its appointment by the president.”explains to franceinfo the constitutionalist and professor of public law Dominique Rousseau.

Government teams can continue to issue decrees and circulars, make appointments and manage public administrations. For example, the government published a decree on Wednesday, published in the Official Journal, authorizing the suspension of the weekly rest of seasonal workers during the grape harvest, as reported by Release. The current government can also meet in Council of Ministers.

The political situation and the absence of a presidential majority in the new Assembly, however, reduce the executive’s possibilities for action, even if nothing is written to this effect in the law. “The Prime Minister cannot take any initiative given his political situation”thus analyses the specialist in constitutional law Didier Maus in the online journal Acteurs publics. Here, it is the republican tradition, more than the law, which prevails, because if “Legally, we are not in business common (…) politically, we are there East”believes the specialist, for whom it is “it is unimaginable that he could make important decrees” after losing an election.

If he continued to govern as if nothing had happened, the government could also be overthrown by a motion of censure in the National Assembly. To avoid such a scenario, the resignation of the Prime Minister and his government could take place before July 18, the date of the first session of the new Assembly. By resigning, the 17 ministers elected as deputies, freed from some of their obligations, would also be authorized to sit in the hemicycle. Their votes could prove crucial during the vote determining the distribution of roles within the Assembly, including the presidency of the institution..

What would concretely change if the government resigned? “The Council of State distinguished two characteristics of this regime in an opinion: it must ensure the functioning of the State and be able to intervene in the event of an emergency”explains Dominique Rousseau. The Council of Ministers thus ceases to meet, and the government can no longer present draft laws.

The resigning government “can however take decisions to enable the State and the administration to function”adds Dominique Rousseau. Here again, the The contours of government action are not fully defined. “Nothing is stated in the Constitution about the resignation regime, there is no law that regulates this practice”specifies Dominique Rousseau.

“The functioning of a resigning government comes from political traditions and is governed by a common-sense legal regime: there must be no vacuum.”

Dominique Rousseau, constitutionalist

to franceinfo

It remains to be seen how long Gabriel Attal’s government could last once he resigns. Everything will depend on the ability of MPs to agree on a potential coalition and Emmanuel Macron’s choice of new Prime Minister.This could last for weeks, and would therefore be completely unprecedented in France.”notes Dominique Rousseau, while legislative elections often result in an absolute majority for one camp in the Assembly.

While it is rare in France, a government that manages day-to-day affairs is commonplace in most of our European neighbors. In Germany, the outgoing government remained in place for two and a half months in 2021, the time it took for Olaf Scholz’s Social Democrats, the Greens and the Liberals to agree on a government contract. In the Netherlands, Mark Rutte remained Prime Minister for almost seven months, between the legislative elections of November 2023 and the establishment of a new government on July 2. Enough to put the slowness of negotiations between French MPs into perspective.