Two days before the first round of the legislative elections, justice validated on appeal the agreement concluded between the PS and the New Alliance of the Left (Nupes). She overturned the decision of the interim judge of Créteil who had ruled that the PS had not respected the statutes of the party to conclude this agreement.
Seized by four members, the judge in chambers had considered that the Nupes agreement, concluded by the PS on May 6 with LFI, EELV and the PCF, should “have been the subject of a national convention”, and had enjoined the PS to organize one within thirty days. He forbade him in this expectation to “take advantage of the Nupes agreement”. After this decision, which fell on Tuesday evening, the PS appealed, went into emergency procedure on Thursday.
“The validation of the agreement by the National Council on May 5 was therefore indeed in accordance with our statutes. Now let’s build the future! “, reacted the Socialist Party on Twitter.
In the decision rendered on Friday afternoon, the Court of Appeal ruled that “the manifest violation of the statutes is not established”, nor “the manifestly illicit disturbance”, and “reverses” the order of the judge in chambers.
“The consultation of the federations and the ratification by a national convention do not constitute a condition of validity of the agreement in question”, considers the court, which also notes that “in the case of legislative elections, the level of designation is either the national convention or the national office”.
“End unnecessary controversy”
“It’s good news that things are clarified”, welcomed the number 2 of the PS Corinne Narassiguin, questioned by AFP and regretting that the procedure brought had “thrown trouble on the Nupes agreement”, to a few days before the legislative elections of 12th and 19th June. The petitioners’ goal was “good to delegitimize the deal and protect dissenting candidates” opposed to the deal, she said. “But the agreement is fully valid and legitimate and it puts an end to unnecessary controversy,” she added.
“The court recognized what was obvious to us: the Socialist Party respected its statutes and the Nupes agreement is valid in the eyes of the courts,” confirmed Me Cosima Ouhioun, PS lawyer. The party leadership had notably argued in the first instance that it was difficult to set up a national convention to validate the agreement, so shortly before the legislative elections, because of the time needed to vote beforehand in the sections, then the federations, to designate the delegates of the national convention.
A congress at the end of the year anyway
Similarly, if the Court of Appeal had confirmed the judgment of first instance, this agreement could not have taken place until after the legislative elections. For the applicants, it was a question of being able to have the strategy of the management validated by the militants. But the management recalls that there is anyway a PS Congress planned for the end of the year.
The applicants, four members who are not candidates for the legislative elections and who have no responsibilities in the authorities of the PS, had asked for a ban on taking advantage of the Nupes to prevent the exclusion of members of the PS presenting themselves outside the Nupes investiture. About sixty candidates find themselves in this situation.