Mathilde Panot, the president of the La France insoumise (LFI) group in the National Assembly, has taken a significant step by referring the matter of resigning ministers serving as MPs to the Constitutional Council. This move comes in response to the controversial situation where 17 ministers from the resigning government, including Prime Minister Gabriel Attal, were elected as deputies during the legislative elections held on June 30 and July 7, 2024. Panot describes this dual role as "particularly worrying," urging the Constitutional Council to clarify the statutes governing such a scenario.
In her letter to Laurent Fabius, president of the Constitutional Council, Panot pointed out that the outcome of the Assembly's presidency vote was influenced by the votes of these 17 resigning ministers, with only a 13-vote margin separating them from the New Popular Front candidate. She argues that the resigning government is abusing its powers, issuing approximately 1,300 decrees and orders since July 18 that exceed the normal prerogatives of a resigning government, thereby creating an institutional deadlock.
Panot emphasizes that this situation represents a "total violation" of the separation of powers, a principle enshrined in Article 16 of the Declaration of the Rights of Man and of the Citizen. The ongoing participation of resigning ministers in parliamentary votes raises fundamental questions about the integrity of the political system. Article 23 of the Constitution states that government members cannot simultaneously hold a parliamentary mandate, yet the organic law of October 11, 2013, appears to allow for this accumulation in cases of resigning governments. Constitutional expert Benjamin Morel has criticized this legal loophole, suggesting it undermines democratic principles and the balance of power within the regime.
- The ongoing debate surrounding the role of resigning ministers in Parliament has sparked significant concern among political analysts and constitutional experts. The potential for a resigning government to operate without the checks and balances typically enforced by parliamentary oversight raises alarms about the health of democracy in France. As the situation evolves, the Constitutional Council's decision could set a crucial precedent regarding the interpretation of constitutional law and the separation of powers in the French political landscape.
- Panot's actions reflect a growing tension between the legislative and executive branches, highlighting the need for clear regulations governing the roles and responsibilities of resigning officials. The outcome of this inquiry by the Constitutional Council may lead to reforms aimed at reinforcing the integrity of the political system and ensuring that such situations do not recur in the future.
