“This unprecedented context could be an opportunity for democracy to adjust and enter a new stage of maturity.”
On the evening of Sunday, July 7th, France turned a new page in its institutional history. Since the proclamation of the results of the 2nd round of the snap legislative elections, the country is discovering and experimenting with unprecedented situations, making the coming days very uncertain. The elections for the top positions in the National Assembly, which will go ahead on July 18th and 20th next, will play a big part in defining the new institutional and parliamentary balance of power.
The current situation, which prevents the three big “blocs” from securing a relative or absolute majority in the National Assembly from which a new Government could spring, would seem to run against the letter and the spirit of the French constitutional corpus. It is challenging the very workings of the Vth Republic, a hybrid regime characterized by a strong executive, and one which has become semi-presidential since the introduction of direct universal suffrage for the election of the President of the Republic, which could move towards a parliamentary system.
In 1958, French institutions and the distribution of powers were designed in a context of bipolarization of political life with a view to creating stable parliamentary majorities aligned with the party of the President of the Republic, with the Prime Minister treated as a mere ‘underling’ (cf. the famous statement made by President Nicolas Sarkozy as regards Prime Minister François Fillon). France’s Constitution carves out a very big role for the executive branch, while limiting and framing that of the legislative branch.
“The current situation is challenging the very workings of the Vth Republic, a hybrid regime characterized by a strong executive, and one which has become semi-presidential since the introduction of direct universal suffrage for the election of the President of the Republic, which could move towards a parliamentary system.”
The governance of the country will have to align with this new institutional situation.
A first clarification came this week when Prime Minister Gabriel Attal tendered his resignation on Tuesday, shortly after having been voted President of the parliamentary group “Ensemble pour La République” (meaning Together for the Republic, ex-Renaissance – EPR). This resignation will allow ministers elected to the National Assembly to sit and vote for positions of responsibility in the National Assembly. Asked to stay on in a caretaker role, the Attal government will henceforth only focus on handling “day-to day affairs”, a concept derived from administrative case law referring to a range of decisions and tasks to ensure the continued functioning of the State and State agencies and departments. A caretaker government can no longer present bills or convene meetings of the Council of Ministers.
Parliament, and more specifically the National Assembly, should once become a key player in political and legislative dialogue, the center of gravity for debates on the definition of public policies. The next government will need, under all imaginable circumstances, to make deals with the big blocs in the National Assembly and forge majorities around specific bills or issues.
The first key bill of this XVIIth legislature will be the Finance Bill currently under preparation by the Ministry of Economy. Even if the initial bill is rejected by the National Assembly, the Constitution and organic law provide for mechanisms to overcome any parliamentary deadlock and enable the State to levy taxes and pay for public services (see issue brief on public finance drafted for the firm by Attorney Franck Boulin).
“Parliament, and more specifically the National Assembly, should once become a key player in political and legislative dialogue, the center of gravity for debates on the definition of public policies.”
The subsequent risks of institutional deadlocks need to be relativized: the French Constitution, by making laws the exception and regulations the rules, works to strengthen the powers of the executive branch. Also, many instruments are now adopted at the level of the European Union, requiring only implementing acts and leaving no room for leeway.
Let’s prefer the optimism of discovering terra incognita to pessimism! This unprecedented context could be an opportunity for democracy to adjust and enter a new stage of maturity.
