Could Macron activate Article 16? French Pre-election Drama takes a different turn

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ER Editor: We don’t necessarily buy this. It seems to be yet another part of the weird theatre that is going on in France right now. But here is what is being said, designed to surely ramp up the fear factor. Thanks for one of our regular readers for alerting us to this.

The rumour is that Macon may assume full presidential powers if his own party fails to get a majority in the Parliament (or French equivalent) following the elections.

Notice what is claimed to have happened here. Macron (who is this guy really? who is running him? the bad guys or the white hats?) mentions an idea to someone in his team or someone close to him, which gets leaked to someone else in the press. Then panic ensues.

What immediate fallout before June 30 (1st round of elections) is this designed to provoke? Is it also designed to show that the French constitution has some serious in-built weaknesses where total presidential power, removing all checks and balances, could actually arise if the sitting President’s party does not have a majority? Is this what we are being shown?

There are basically two conditions under which Article 16 could be triggered by the sitting President upon completion of the elections where his own party does not have a majority: a threat of insurrection in the country, or where public institutions and authorities can no longer function normally. There is actually a precedent for this – during De Gaulle’s time, as the articles below illustrate. Macron’s other option in this situation, as a President without a parliamentary majority, is simply to resign.

People are responding quite viscerally on Twitter/X to this issue. Perhaps this is one of the biggest wake-ups the French have had so far to the tyrannical system they’re living in. Goodness know that locking down the country and injecting people with harmful substances wasn’t enough.

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🔥Full powers: Macron could activate Article 16 of the French Constitution in the event of a blockage of institutions.
In France, Article 16 can be initiated in exceptional cases when the institutions of the Republic, the independence of the Nation, the integrity of its territory… pic.twitter.com/ZiEHPHkyTM

— Freddie Ponton 🇫🇷 (@LFCNewsMedia) June 19, 2024

FULL TEXT

Full powers: Macron could activate Article 16 of the French Constitution in the event of a blockage of institutions. In France, Article 16 can be initiated in exceptional cases when the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat. Article 16: https://conseil-constitutionnel.fr/en/constitution-of-4-october-1958#:~:text=Article%2016,-Where%20the%20institutions&text=He%20shall%20address%20the%20Nation,with%20regard%20to%20such%20measures….

Article 16 of the Constitution can be invoked in the event of a threat of insurrection or interruption of the regular functioning of public authorities. Emmanuel Macron could choose this second condition after the legislative elections to assume all the powers.

This constitutional mechanism, although rare, would allow the president to govern without immediate counter-power, even if the Constitutional Council can be contacted after 30 days by the oppositions to assess the validity of this measure. According to information obtained by French Media Europe 1, The French President discussed this possibility with several relatives. The possibility of using Article 16 is being studied in the run-up to the early legislative elections, an Information of course denied by the Elysée. Article 16 is abundantly clear and states that the National Assembly shall not be dissolved during the exercise of such emergency powers. Since the adoption of the Fifth Republic, Article 16 has only been used once, in 1961, by General de Gaulle after the generals’ attempted putsch. Source: https://lejdd.fr/politique/pleins-pouvoirs-macron-pourrait-activer-larticle-16-de-la-constitution-en-cas-de-blocage-des-institutions-146558

ER: This link is being republished below in translation

Full powers: Macron could activate article 16 of the Constitution in case of institution blockage

The use of article 16, in exceptional cases of national peril, would be under consideration in the run-up to early parliamentary elections. Information denied by the Elysee to the JDD.

MARION MONFORTA for Le JOURNAL DU DIMANCHE

In the event of no absolute majority at the end of the July 7 election, what will Emmanuel Macron choose?

If the President of the Republic, faced with the blocking of the institutions, could consider resigning, another controversial option presents itself to him: resort to article 16 of the Constitution, which gives him full powers. According to information obtained by Europe 1, 19 Wednesday June, the Head of State discussed this possibility with several people close to him. Information denied by the Elysee to the JDD.

Article 16 of the Constitution can be involved in the event of a threat of insurrection or interruption of the regular functioning of public authorities. Emmanuel Macron could choose this second condition after the legislative elections to assume all the powers. This constitutional mechanism, although rare, would allow the president to govern without immediate counter-power, even if the Constitutional Council can be contacted after 30 days by the oppositions to assess the validity of this measure.

Only used once since the Fifth Republic

Since the adoption of the Fifth Republic, article 16 has been used only once, in 1961, by General de Gaulle after the attempted putsch of generals. Anne-Charlene Bezzina, constitution Specialist, reminds Europe 1 that the President is « free » to operate this item without further formality. Its use must be evaluated by the Constitutional Council after 60 days.

The current political context could lead to a first use of this article for more than six decades, raising questions about political stability and democratic implications in France.

CONTINUE READING HERE

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Faced with the possibility of an institutional blockage after the legislative elections of July 7, would Emmanuel Macron consider resorting to article 16 of the Constitution? According to some sources, the French president raised this possibility with those close to him, although the Élysée quickly denied these allegations.

Article 16 of the French Constitution grants exceptional powers to the President of the Republic in the event of a threat of insurrection or interruption of the regular functioning of public authorities. Could this provision, used only once in the history of the Fifth Republic by General de Gaulle in 1961, be invoked by Emmanuel Macron to emerge from a political crisis?

If no party manages to obtain an absolute majority after the elections, the head of state could be tempted to resign. However, the activation of article 16 would allow it to assume all powers, without counter-power or particular formality. A decision which would not fail to arouse controversy and fuel criticism against the president.

Anne-Charlène Bezzina, specialist in the Constitution, recalls that “if the president decides to activate article 16, he is completely free for 30 days”. After this period, oppositions can refer the matter to the Constitutional Council to assess the validity of this exceptional measure. However, the Constitution does not provide for a maximum duration for the exercise of these powers, thus leaving the door open to a possible authoritarian drift.

Would Emmanuel Macron be ready to cross this red line to preserve his power? In any case, he has already lit the fire with this surprise dissolution and is beginning to add fuel to it. The mere mention of this hypothesis raises many questions about the democratic health of France and the degree of perversity of our dear president.

⚡️Emmanuel Macron envisagerait d’activer l’article 16 de la Constitution, qui lui conférerait les pleins pouvoirs après les législatives, si aucun parti n’obtient de majorité absolue et que tout est bloqué. Selon un constitutionnaliste, « il en aurait le droit ». [ Europe 1 ] pic.twitter.com/y5ReeFzxMD

— Frontières (@Frontieresmedia) June 19, 2024

by Yoann

Source

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