heavy.  Mary Christine Aswer presents her analysis after the legislative elections

heavy. Mary Christine Aswer presents her analysis after the legislative elections

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Marie-Christine Steckel Assor, lecturer at the University of Limoges, presents her constitutional analysis of these legislative elections. This is the text you submit to him Medi-Dispatch.

Marie-Christine Steckel Assor, lecturer at the University of Limoges, presents her constitutional analysis of these legislative elections. This is the text you submit to him Medi-Dispatch.

“The constitution, the whole constitution, nothing but the constitution.” This famous quote from François Mitterrand, announced on April 8, 1986 at the dawn of the first coexistence, would become the rules of the game for Emmanuel Macron’s second five-year term, at least for a while …

Given the hybrid political system established by the constitution of October 4, 1958, the V . Law was passede The Republic is characterized by a strong management of our institutions if the President of the Republic enjoys an absolute majority in the National Assembly. On the contrary, if faced by an opposing majority, the coexistence between the head of state and the head of government is opened. Thus, the governmentization of our institutions unfolds as in 1986-1988, 1993-1995 and 1997-2002. In between, if only he had a majority for the image of François Mitterrand and the minority government led by Michel Rocard in 1988, he should compose a parliament more and better respected.

Given the results of the legislative elections on June 12 and 19, 2022, Ma’an is deprived of an absolute majority set at 289 votes but also of a relative majority. Depending on the circumstances, new relations will be built between the President of the Republic, Emmanuel Macron, his minority government and the National Assembly, whose composition has proven to be heterogeneous with the penetration of extremists on the left and the right. political spectrum. Thus, the House of Representatives is divided between 131 Nupes seats, 22 Divergent Left seats, 10 Regionalists, 245 Division seats, 4 Distinguished Center seats, 3 UDI seats, 61 Republicans, and 10 Right-wing seats. Diversity, Sovereign Right Seat, 89 National Assembly seats, and one Diversity seat.

In light of French constitutional history, in the very short term, a partial or comprehensive cabinet reshuffle must be approved by the President of the Republic, if necessary, by intergovernmental agreement with one or more parliamentary groups.

In the near future, if the use of the right of dissolution is legally feasible to overcome this dispersal of votes, it will be politically illegitimate. Admittedly, in 1988, President François Mitterrand dissolved the National Assembly to obtain the consensus of the presidential and parliamentary majority. However, it did not lead to the expected effect because the left-wing majority in the National Assembly was proportional. Moreover, this decision would be against the choice of voters. As such, it would appear undemocratic. Moreover, voters can absorb the solution into a political maneuver and punish it by provoking coexistence as was the case in 1997.

Thus, in the medium term, unless there is a future government agreement with the other parliamentary blocs to achieve an absolute majority, a relative majority in the National Assembly will dilute the absolute power of the head of state. However, as in 1988, its influence will continue to be significant thanks to the government’s control of Parliament. The latter, inspired by the government led by Michel Rocard in 1988, can exploit the techniques of rational parliamentarism (particularly banned voting and automatic commitment to government responsibility for the text) and rely on other parliamentary groups to promote laws. approved by the President of the Republic. In turn, the number of amendments of parliamentary origin will increase. Unlike in 1988, this coalition government, if it remained in the minority, would have to concede more privileges to MPs from other political parties because it does not even have a relative majority.

On the other hand, although relaxing, the techniques of parliamentary rationalization inscribed in constitutional marble will prevent the establishment of the system of councils. Even under the thirde and the fourthe Republics characterized by a multi-party system, lack of party discipline and opposition to the Communist Party, the union of centers became a modus operandi for political parties. Parliamentary majority swings according to the texts that are voted on!

In the fairly near future, the proportional vote can be restored. By law of June 10, 1985, it was set up by President François Mitterrand with the aim of curbing the opposition’s declared victory in the 1986 legislative elections. This method of voting was then replaced by a majority vote. After a small rotation from 1986.

In the distant future and in the event that Parliament is unable to pass laws, the President of the Republic will have the power to give the people the last word using the right of dissolution. Then, it will be up to the electorate to put an end to the continuing struggles between the Executive, which has been voted on, and the National Assembly, weakened by its divisions…

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