Could Emmanuel Macron, if he resigns, run for a 3rd time period? | EUROtoday

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Emmnanuel Macron, in Oradour-sur-Glane (Haute-Vienne), June 10, 2024.

The uncertainty of the political state of affairs offers rise to a number of authorized questions. If, after the legislative elections of June 30 and July 7, the parliamentary state of affairs remained blocked, with a majority nowhere to be discovered, there would solely be one last card left in Emmanuel Macron's fingers: that of resignation. Certainly, the Head of State dominated out this speculation on Tuesday June 11, no matter the results of the following election. But what would occur if Mr. Macron modified his thoughts? Could he run for a 3rd time period? Nothing is much less certain.

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Article 6 of the Constitution states that “The President of the Republic is elected for five years by direct universal suffrage. No one can hold more than two consecutive mandates.. Resulting from a constitutional revision in 2008, the limitation of the number of mandates to two was first ruled out by Jacques Chirac in 2000, before being taken up by Nicolas Sarkozy. It is inspired by the American example (there also the presidential mandate is the only one for which a limitation of its exercise over time is provided), but also by European Constitutions where the President of the Republic is elected by universal suffrage. direct (Austria, Finland, Poland, Portugal), as Hugues Portelli and Thomas Ehrhard point out in their work Constitutional right (Dalloz, 2023).

It remains to be seen what should be understood by “two successive mandates”. Are these full mandates? If we consult with the work of 2008, the reply appears, as soon as once more, fairly clear. The parliamentary report on this constitutional reform signifies that “ten years constitutes a horizon accepted as quite long in many democracies. This time is long enough to allow a very ambitious political program to be carried out”.

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“Use of power”

And, just a little additional on, the rapporteur, Jean-Luc Warsmann, then right-wing deputy for the Ardennes, notes: “We should not neglect the inevitable attrition of power which can ultimately affect the executive power's capacity for action. Thus, by limiting the number of successive mandates to two, the constituent would respond to both an imperative of efficiency and rebalancing of institutions. In application of the proposed wording, legally, the same citizen will be able to serve two consecutive terms, then become President of the Republic again after an interruption. »

Paul Cassia, professor of public law at Paris-I Panthéon-Sorbonne University, believes that the spirit of the reform “is to encourage the President of the Republic to act rather than seeking to remain in power, to seek a sort of democratic renovation. However, if ten years is too much, a longer duration would be unacceptable”. For Mr. Cassia, we should perceive the expression “successive mandates” within the sense of“successive elections”.

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