At the end of a contentious vote, the French political landscape is witnessing significant turmoil as left-wing parties contest the legitimacy of the recent election of Yaël Braun-Pivet as President of the National Assembly. The election, which saw Braun-Pivet narrowly defeat André Chassaigne from the New Popular Front (NFP), has sparked allegations of a 'theft' of democracy by the left, particularly due to the participation of 17 resigning ministers in the vote. This participation has raised questions about the interpretation of Article 23 of the French Constitution, which states that governmental functions are incompatible with parliamentary mandates.
The left-wing party La France insoumise (LFI) has taken a decisive step by filing an appeal to the Constitutional Council, arguing that the involvement of these ministers violates the separation of powers. The appeal hinges on the interpretation of Article LO-153 of the electoral code, which outlines the conditions under which the incompatibility of ministerial and parliamentary roles takes effect. The controversy arises from the unique situation of ministers who were also deputies, particularly how the law applies when a government resigns before the expiration of the one-month period of incompatibility.
Legal experts are divided on this issue, with some arguing that the ministers should have refrained from voting during this transitional period, while others cite historical precedents that allow for such participation. The Constitutional Council has previously stated that it lacks jurisdiction over the election of the National Assembly's president, leaving the matter in a state of uncertainty. The outcome of LFI's appeal could set a significant precedent for the interpretation of constitutional law in France, potentially reshaping the dynamics of power within the Assembly.
