Seventeen former ministers who recently resigned from their positions were allowed to vote as deputies during the election of the President of the National Assembly. This situation sparked controversy, with some denouncing a lack of respect for the spirit of the Constitution. The Ecologists in particular expressed their disagreement with this practice.
Pressure mounting on the Ecologists
The Ecologists filed a priority question of constitutionality (QPC) before the Conseil d’Etat on Thursday, July 25. This QPC aims to demonstrate that the organic law establishing an “incompatibility” between a parliamentary mandate and ministerial functions goes against the spirit of the Constitution.
This recourse was made after 17 resigned ministers of the Attal government were able to vote in the Assembly as deputies, while continuing to manage current affairs and issue decrees.
While La France Insoumise (LFI) and the Socialist Party (PS) have already filed appeals regarding the vote of minister-deputies with the Constitutional Council, which declared itself incompetent, the Ecologists are trying to find another way to obtain a decision. Ecologist deputy Léa Balage, who initiated the appeal, explained that if the Conseil d’Etat considers the QPC admissible, it will transmit it to the Constitutional Council.
“There is a legal void”
This appeal is based on the annulment of a decree named “Operational Cyberdefense Data,” issued by Prime Minister Gabriel Attal and Minister of the Interior Gérald Darmanin on July 19. This decree concerns the automated processing of personal data, while both ministers are also deputies.
Léa Balage recalls that Article 23 of the Constitution stipulates that government members cannot hold a parliamentary mandate at the same time. However, an organic law (LO153) from November 17, 1958 specifies that this incompatibility does not apply if the government resigns within one month after beginning the two functions simultaneously.
For Léa Balage, this organic law goes against the Constitution. She explains that this law regulates the situation when deputies become ministers, but does not provide for when ministers become deputies. According to her, this demonstrates that the Fifth Republic is fragile and has not anticipated all situations. It is therefore necessary to fill the gaps in the political system by properly separating powers.
Article source: Francetvinfo
Pascal Petibon, born in 1980 in Lyon, is a renowned journalist and author, passionate about information and communication. After earning a degree in journalism from the University of Paris, he quickly joined various editorial teams, where he became known for his sharp analysis and clear writing style.
