Overthrown by a motion of censure in the National Assembly, this Wednesday, December 4, the government of Michel Barnier becomes in fact resigning and has restricted power to manage current affairs. Unable to defend the draft budget, he could, however, pass emergency financial measures.
When the National Assembly adopts a motion of censure, “the Prime Minister must submit to the President of the Republic the resignation of the government”, according to article 50 of the Constitution. This is the first time in the Fifth Republic that the government falls after taking responsibility for a text, in this case the draft Social Security budget (PLFSS). This text, resulting from a compromise reached between deputies and senators in a joint committee, is therefore rejected at the same time as the censored government.
Censorship also freezes texts currently debated in Parliament, including the draft state budget (PLF) for 2025, since the government can no longer come to the bench to defend them. On the other hand, when a new government is appointed, the text on the Social Security budget (it remains to be seen in which version) will be able to resume its shuttle between the two chambers.
“Ordinary matters” and “urgent matters”
Once resigned, the government “remains in place, as long as it is not replaced by a new government, to ensure, in the name of continuity, the minimal functioning of the State”, explains a note from the General Secretariat of the Government (SGG) dated July 2.
President Emmanuel Macron this time seems determined to “move quickly” to appoint a new Prime Minister, assure his interlocutors. Which remains difficult to find given the absence of an absolute majority in the Assembly.
Gabriel Attal’s government remained in resignation for almost eight weeks, from July 16 when the president accepted his resignation, to September 5, the day of the appointment of his successor Michel Barnier. Previously, a government in current affairs had only remained in office for a few days. Nine days maximum under the Fifth Republic. The longer the periods of current affairs have been, the more this notion has been “appreciated extensively”, notes the SGG. Current affairs cover on the one hand “ordinary affairs” which participate in “the normal functioning of the State” and do not require “any assessment of a political nature”, and on the other hand “urgent affairs”, including adoption is dictated by “an imperative necessity” (state of emergency, natural disaster, disturbance of public order, intelligence techniques for example).
As for bills, no government in current affairs has presented any under the Fifth Republic because, on the one hand, any legislative measure is considered “important and politically sensitive” and, on the other hand, “it may seem inadequate to seize Parliament even though it is deprived of its strongest prerogative, namely the possibility of overthrowing the government,” explains the SGG.
A lighter Council of Ministers
However, the SGG does not exclude that the resigning government could take “urgent financial measures” in order to “provide France with a budget”, and this through a bill. It remains to be seen whether the (resigning) government could come and defend it or put it on the agenda. The SGG also raises the possibility that the resigning government could proceed by ordinance (article 47) if the text is not adopted within the stipulated period of 70 days.
However, nothing prevents the President of the Republic from bringing together a Council of Ministers, but often with a “particularly light” agenda, specifies the SGG. The head of state can continue to make appointments except “the most politically sensitive”, such as those of central administration directors. Conversely, regulatory measures are only taken “by exception”, in the name of the continuity of the State, or when they are an emergency, adds the general secretariat of the government.
Ministers elected as deputies also regain their parliamentary mandate and can vote in the National Assembly, not without asking legal and political questions, given that the Constitution prohibits the accumulation of the two functions, and that a resigning government cannot be overthrown by Parliament.