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Can Emmanuel Macron resign… and run again?


Udissolution of the National Assembly? “It would be useless, we would have the same photo. A new prime minister? “Élisabeth Borne has four flat tires, but no profile can respond to the crisis of confidence that Emmanuel Macron is experiencing with the French. An alliance with the right? “Politics is not the Red Cross. No one wants to help the government and save Private Macron. As François Mitterrand theorized, when you are in opposition, you oppose. Majorities of circumstances on this or that text? “All government projects are head over heels. It is paralysis. “No really, only one solution would allow Emmanuel Macron to get out of the institutional “trouble” in which he got himself: resign from his presidential mandate.

We are not obliged to share all his analyses, but we must recognize Jean-Michel Aphatie – in addition to a formidable sense of the formula – audacious and iconoclastic points of view on the political life of the country. For the LCI columnist, the president is surrounded, he has no other choice: he must resign, even if it means… getting back in the saddle immediately. By giving this speech to the French: “I campaigned with a slightly swollen lemon, I explained to you badly what I wanted to do, I am seeking a second term and we are starting the campaign again”, suggests our colleague. Incongruous? Surreal? Even delusional? “It is for Macron the only solution to get out of the crisis”, from the “absolute disorder” in which he has put the country, maintains Aphatie.

READ ALSOLegislative: “Macron, it will be Chirac II less well”

Problem: even if he is ready for it, does Emmanuel Macron have the possibility, legally speaking? Modified by the constitutional law of July 23, 2008 adopted under the presidency of Nicolas Sarkozy, eight years after the establishment of the five-year term, article 6 of the Constitution is worded as follows: “The President of the Republic is elected for five years by direct suffrage direct universal. No one may exercise more than two consecutive mandates. However, everyone knows that Emmanuel Macron began his second term on April 25.

This writing is a “slug job”, Aphatie gets carried away, pointing out the ambiguity of this rewriting. Would a re-elected president who resigned along the way be able to embark on a third consecutive campaign? Should we, on the contrary, consider that the second term he has started “counts” and deprives him of the possibility of a new candidacy? In the absence of a clear and precise text, let us turn to an exegete of constitutional law.

For Jean-Philippe Derosier, professor of public law at the University of Lille (North), the cause is heard: “Emmanuel Macron is exercising his second term. If it were to end prematurely, it would end de facto. Unable to run for a third, the resigning president would have no choice but to pass his turn. »

The Constitution offers Emmanuel Macron solutions to govern.

Since the second term is not over, is there not room for another reading of article 6? “Absolutely none”, assures this associate of law. “A mandate has a specific duration, but it can end before it expires. However, this remains a mandate, in the legal sense of the term. If the National Assembly is dissolved tomorrow, the deputies elected on Sunday will have exercised their mandate, if only for a few days; the legislature thus interrupted would remain a legislature, even if its duration were not that which the deputies had envisaged. The same reasoning applies to all mandates, including that of the President of the Republic.

For Jean-Philippe Derosier, the hypothesis raised by Jean-Michel Aphatie is not only “legally impossible”, but “politically absurd”. “There is no institutional crisis; Emmanuel Macron has a relative majority, the country is not ungovernable, at least not as it is. The Constitution offers him solutions to govern. To resign a month after having been elected to the supreme office would be political suicide, just like dissolving the Assembly today, moreover, “considers this constitutionalist.

But that’s another discussion…


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