What happens in the event of the death or resignation of the President of the Republic?
Hello, I am Bertrand, editor for the site vie-publique.fr and I will explain to you what the Constitution provides in the event of the death or resignation of the President of the Republic.
The Constitution specifies that “in the event of vacancy of the Presidency of the Republic for any reason whatsoever, or of an impediment noted by the Constitutional Council seized by the Government and ruling by an absolute majority of its members”, the interim presidential functions are entrusted to the President of the Senate, or in case of impediment, to the Government.
But has this always been the case?
Well no ! This provision was introduced under the Fifth Republic. Previously, the interim office was held by the President of the National Assembly. This change aims to prevent a vacuum from establishing itself if the President were to fail after the dissolution of the Assembly. Indeed, the Senate cannot be dissolved, the continuity of the presidential function is then assured.
So how do things actually work out?
The powers of the interim head of state take effect as soon as the resignation or death of the current President occurs. However, the Acting President does not exercise all presidential powers in order to avoid the implementation of personal politics. He therefore cannot:
- submit a bill to referendum;
- pronounce the dissolution of the National Assembly;
- or even carry out a revision of the Constitution.
Finally, the interim head of state is exercised by the President of the Senate until the election of the new President.
Under the Fifth Republic, did the interim President of the Republic already have to be ensured?
Yes and twice! The President of the Senate, Alain Poher, took over in the interim:
- first in April 1969, after the resignation of President de Gaulle;
- then a second time in April 1974, upon the death of President Georges Pompidou.
Finally, what happens if the President of the Senate is not able to take over the interim role himself?
If the President of the Senate could not act in the interim, it would then be entrusted to the Government, acting collectively.
