2023-12-13 05:46:47
The government trembled after Monday’s vote on the motion to reject the immigration law. And at the head of the gondola, the one carrying the text: Gérald Darmanin. Before recognizing a “failure” this Monday evening on TF1 news, the Minister of the Interior presented his resignation to the President of the Republic Emmanuel Macron. A departure from the government refused by the head of state. “I am a man of honor and Parliament counts (…) The President of the Republic had to decide, he decided,” justified Gérald Darmanin.
This resignation presented directly to Emmanuel Macron and not to his Prime Minister Élisabeth Borne – although head of government – raised questions, starting with the Nupes MP from Paris Sandrine Rousseau. “Just one question: normally a minister presents his resignation to the head of government, therefore to the Prime Minister… so why? », she asked on her X account (ex-Twitter).
Just one question: normally a minister presents his resignation to the head of government and therefore to the Prime Minister… so why?
— Sandrine Rousseau (@sandrousseau) December 11, 2023
Article 8 of the constitution
To answer this, we must return to the manner in which the government is appointed. The Prime Minister – designated by the President of the Republic as recalled Public life – proposes names to the head of state. Subsequently, “on the proposal of the Prime Minister, [le président de la République] appoints the other members of the Government”, provides article 8 of the constitution.
Likewise, the head of state “terminates” the functions of ministers. “It is the president who appoints and dismisses the ministers,” summarizes Christophe Boutin, professor of public law at the University of Caen Normandy.
In fact, it is the head of the executive who ultimately signs the government appointment decree. “The formation of the government under the Fifth Republic is led by the Élysée,” adds Christophe Boutin.
However, nuance constitutionalist Jean-Philippe Derosier, professor of public law at the University of Lille, “it is the Prime Minister who proposes the resignation of a minister to the president” before it is effective, as provided Article 8. In other words, the Prime Minister proposes and the President of the Republic acts.
Clearly, Emmanuel Macron holds the reins and would certainly have asked Élisabeth Borne to propose the resignation of the Minister of the Interior, if he had wanted to accept it. He then – after Matignon’s proposal – should have “taken an act putting an end to the functions of Gérald Darmanin”, underlines Jean-Philippe Derosier. In this case, it is a presidential “decree”.
A mandatory request?
Emmanuel Macron therefore refused the resignation of Gérald Darmanin. But does a minister really need the agreement of the President of the Republic to leave office? No, answers Jean-Philippe Derosier. “We do not keep someone in their position against their will,” points out the professor of public law who draws the parallel with a “classic employment contract”.
“By going to see Emmanuel Macron, Gérald Darmanin can now claim the support of the Head of State,” analyzes this specialist. “Macron gives it new political legitimacy,” supports Christophe Boutin.
VIDEO. Immigration law: Gérald Darmanin wants “extremely strong measures” by the end of 2023
Several ministers have also left the government without presidential approval since the start of the Fifth Republic. One of the most recent cases is that of Nicolas Hulot on August 28, 2018. He announced his resignation on the radio, without previously notifying the Élysée. “I respect his freedom,” Emmanuel Macron reacted.
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