In the middle of the legislative campaign, a rumor took hold of power: Emmanuel Macron was preparing to use article 16 of the Constitution in order to grant himself full powers. A truce in the agitation, the Elysée was quick to deny the information.
The rumor spread like wildfire. That of the possible recourse by the President of the Republic to Article 16 of the Constitution, granting him full powers. Originally, an article published by Europe 1, on Wednesday June 19, 2024 and deleted the next day in the morning, relating hypothetical exchanges between Emmanuel Macron and his relatives on the possible use of this famous article 16 of the Constitution after the early legislative elections scheduled for June 30 and July 7. A hypothesis quickly and “firmly” denied by the Elysée to Libération. “We were not called before the publication of the article,” the Palace clarified to the daily.
What does Article 16 of the Constitution contain?
“Faced with the blockage of institutions, Emmanuel Macron could resign, but the head of state has another solution: recourse to article 16 of the Constitution, which gives him full powers. According to our information, Emmanuel Macron discussed this hypothesis with several relatives” we could read, again yesterday, on the Europe 1 website. An article which was not accurately sourced.
Article 16 of the Constitution allows the head of state to be granted “exceptional powers”. In addition, the law specifies that it can be activated“when the institutions of the Republic, the independence of the nation, the integrity of its territory or the execution of its international commitments are threatened in a serious and immediate manner” and, when “the functioning of constitutional powers is interrupted “. A measure which, in theory, would allow Emmanuel Macron to make arrangements without taking into account the separation of powers. In other words, which fall within the competence of Parliament, or else, exercise regulatory power without appealing to its government.
Never used since General de Gaulle in 1961
These rumors from the corridors still illustrate a trend, they do not seem to be fanciful enough for the Elysée to let them spread without the slightest denial. If such a decision were to be taken by the eighth president of the Fifth Republic, in July, it would be a first since 1961. At the time, General de Gaulle used this article in the face of the generals’ putsch.
Please note, since 2008, the duration of the full powers granted to the president under article 16 may vary. Indeed, the Constitutional Council can carry out an optional control after 30 days of exercise. The Wise Men may be contacted by the President of the Senate, the President of the National Assembly or certain deputies and senators to determine whether the conditions for application of this article are still met. Finally, after 60 days, an automatic control can be carried out by the Constitutional Council to decide.