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Legislative: would Emmanuel Macron be obliged to appoint Jean-Luc Mélenchon Prime Minister in the event of cohabitation with the left?

2022-05-04T18:08:24.088Z


According to the Constitution, the President of the Republic can appoint whoever he wants to head the government. In practice, he is forced to choose the leader of the majority as Prime Minister.


Melenchon Prime Minister

”.

The slogan has been on a loop among supporters of the Popular Union, since the leader of rebellious France asked the French to "elect" him at Matignon on April 19.

Coming third in the first round of the presidential election with 21.95% of the vote, the president of the LFI group in the National Assembly has his eyes riveted on the legislative elections on 12th and 19th June next.

With the hope, if the "New Popular Ecological and Social Union" obtains the majority, to run for the post of Prime Minister of Emmanuel Macron.

But, even if the new left alliance formed by the Insoumis, the ecologists, the communists and the socialists won in June, would the president be obliged to appoint Jean-Luc Mélenchon Prime Minister?

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Read also “Mélenchon Prime Minister”: LFI launches its poster campaign for the legislative elections

For Paul Cassia, professor of public law at the Panthéon-Sorbonne University, "

we must distinguish between law and practice

".

According to Article 8 of the Constitution, it is the President of the Republic who appoints the Prime Minister.

"

It's a discretionary power, he can choose who he wants

," explains the teacher.

Theoretically, nothing therefore obliges Emmanuel Macron to appoint Jean-Luc Mélenchon as Prime Minister, whatever the result of the legislative elections.

In practice, however, the Head of State would be obliged to take into account "

political considerations

" and the "

need that the government not be overthrown

» in case of cohabitation.

According to article 49 of the Constitution, the National Assembly can indeed question the responsibility of the government by voting for a motion of censure, if one tenth of the deputies demand its resignation.

Usage pleads in favor of Mélenchon

If the Popular Union obtains the majority, Emmanuel Macron will therefore have to appoint Jean-Luc Mélenchon Prime Minister

”, concludes Paul Cassia.

But for Benjamin Morel, lecturer in public law at the University of Paris-Panthéon-Assas, "

he could also appoint someone who would be acceptable to socialists, environmentalists and LREM

" without it being Jean -Luc Mélenchon, and thus “

test

” the new alliance between the Insoumis and the rest of the left.

As a result, the president would form an "

alternative majority

" to that of the New People's Ecological and Social Union.

The PS and EELV are only bound by a moral agreement with rebellious France

“says the teacher.

This operation would be "

theoretically possible

" but, again, "

politically risky

", sums up Paul Cassia.

Read alsoLegislative: two out of three French people want cohabitation but not Jean-Luc Mélenchon as prime minister

In the history of the Fifth Republic, it was customary for the Head of State to appoint the leader of the majority in the event of cohabitation.

"

In 1986 as in 1997, the logic consists in choosing the leader of the party or the coalition which won the legislative elections, namely Jacques Chirac then Lionel Jospin

", recalls Pierre-Frédéric Charpentier, professor of political history at the IEP of Toulouse.

In 1993, following the same logic, Jacques Chirac, then leader of the victorious coalition between the RPR and the UDF, let Édouard Balladur settle in Matignon.

If the left-wing coalition won and if he decided to follow tradition, Emmanuel Macron should therefore appoint Jean-Luc Mélenchon Prime Minister.

Source: lefigaro

All news articles on 2022-05-04

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