Legislative: Did Emmanuel Macron violate the Constitution with his press conference, as Marine Le Pen claims?

Legislative: Did Emmanuel Macron violate the Constitution with his press conference, as Marine Le Pen claims?
Legislative: Did Emmanuel Macron violate the Constitution with his press conference, as Marine Le Pen claims?

Marine Le Pen directly attacks Emmanuel Macron. Traveling in her stronghold of Hénin-Beaumont (Pas-de-Calais), the leader of the National Rally (RN) affirmed this Friday that the “President of the Republic” had “violated the Constitution” and its “spirit » by holding his press conference on Wednesday, on the sidelines of the early legislative elections.

For Marine Le Pen, Emmanuel Macron “stepped out of his role” by participating in an “electoral press conference organized by a political party”. During this, the head of state notably denounced the “devil’s pact” of the president excluded from the Republicans Éric Ciotti with the RN. “He is the President of the Republic of all French people, including those who did not vote for him. I think he is damaging democracy,” she said.

Comments which provoked the anger of the Minister of Justice, Éric Dupond-Moretti on X (ex-Twitter). “Hearing Marine Le Pen claim that the president would violate the Constitution, it’s the hospital that doesn’t care about charity! », he launched, accompanying his post with an article from Le Monde dating from the 2022 presidential election entitled “When Marine Le Pen comes up against the wall of the Constitution”.

Nothing in electoral law or the constitution

Did Emmanuel Macron exceed his rights by holding a press conference in the name of his political party? No, replied to franceinfo Romain Rambaud, professor of public law at Grenoble Alpes University. “Electoral law does not prohibit the President of the Republic nor ministers from campaigning, provided that there is no confusion between their political function and their campaign activity,” he explained to of our colleagues.

From a constitutional point of view, the logic is the same, confirms Didier Maus, president emeritus of the French Association of Constitutional Law, to the Parisian. “Certainly, Emmanuel Macron does much more than his predecessors by saying who we should vote for, but I see no objection to it from a legal point of view,” he explains. “He presented his policies as if he were the leader of the majority – which is normally that of the Prime Minister – but nothing says in the Constitution that he cannot do it,” he argues.

An observation shared by Benjamin Morel, lecturer in public law at the University of Paris 2 Panthéon-Assas, for whom “the only limit is that set by Arcom for the counting of speaking times”. The audiovisual policeman indicated in a press release that he would take into account “speaking times linked to the campaign from Tuesday June 11”, that is to say before the president speaks. Arcom tells us this Friday that the entirety of Emmanuel Macron’s remarks will be “counted as part of the political debate linked to the election”.

Beyond the purely legal aspect, some voices from the majority are calling for Emmanuel Macron not to get too involved in the campaign. Among them, his former Prime Minister Édouard Philippe, for whom it is not “completely healthy” for the president to put himself center stage. Some Macronist candidates also refuse to allow Emmanuel Macron to appear on their campaign posters.

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