The constitutional framework for the appointment of the Prime Minister
According to the Article 8 of the Constitution of the french Fifth Republic, it is the President of the Republic who appoints the Prime Minister. This provision gives significant power to the President in choosing the head of government, even in case of cohabitation. However, no written rule requires him to choose from the parliamentary majority, or even from elected members of Parliament. In short, he is entirely free to appoint anyone he wishes. At least in theory.
Traditionally, the choice arises from the party with the most deputies. It is therefore often influenced by the political context: it is customary for the President to choose a Prime Minister who can gain the confidence of the Assembly in order to implement a political program and ensure indispensable stability.
Therefore, the National Assembly does not directly choose who will go to Matignon. But it plays a crucial role because the Prime Minister and his government must obtain and maintain the confidence of the majority of deputies. If the National Assembly withdraws its confidence, the Prime Minister and his government must resign.
The nomination process in practice
The stages of appointing the Prime Minister are quite straightforward.
1. Presidential consultations: The President often consults with main political leaders before appointing the Prime Minister
2. Official Appointment: The President formally appoints the Prime Minister by decree
3. Vote of Confidence: The Prime Minister must present his programme to the National Assembly in a general policy speech, and then obtain a vote of confidence. But this last step also remains theoretical: since 1966, this practice has not been systematic in the case of relative majority. For example, after his appointment, Gabriel Attal just delivered his speech. A minority of constitutionalists raise this as a problem, but the preparatory work of writing the 1958 Constitution tends to demonstrate that this is in the spirit of the text.
In actuality, the appointment of the Prime Minister is a complex interaction between the President and the National Assembly. The President must take into account the parliamentary majority to ensure stable governance. While the deputies can suggest a name, the head of state then has the possibility to follow it, and choose another personality within this majority, or make a completely different choice.
Historical examples show that the composition of the National Assembly heavily influences the appointment of the Prime Minister. For example, in 1986, during the first cohabitation, President François Mitterrand (PS) had to appoint Jacques Chirac (RPR), the leader of the majority party in the Assembly. Having become the President, the latter had pronounced the dissolution of the National Assembly in 1997. The Socialist Party then came first in the legislative elections, and Lionel Jospin was appointed to Matignon.
What is the influence of the majority party
The majority party in the National Assembly has an indirect but significant influence in the choice of the head of government. Although formal power lies in the hands of the President, a Prime Minister from the parliamentary majority ensures better collaboration and greater government stability.
That is why legislative elections are so important: they determine the composition of the National Assembly and, by extension, strongly influence the appointment of the Prime Minister and then the government. A clear majority in the Assembly thus facilitates the formation of a stable government, capable of passing laws.
Cohabitation is a special case where the President and the Prime Minister belong to opposing political parties. This occurs when the President's party does not hold the majority in the National Assembly. During these periods, the choice of the Prime Minister can thus be dictated by the parliamentary majority.
Even though, once again, no text prohibits the President of the Republic from nominating a third party. The exercise can however be perilous, since it can quickly lead the Assembly to overthrow the government in place. To date, none of the Presidents of the Fifth Republic has made this choice.
The limits of the majority party's influence
Despite the influence of the majority party, the President retains a discretionary power. They can, for example, choose a Prime Minister who is not part of the majority party but is capable of forming a coalition government.
The balance of power between the President and the National Assembly ensures that neither can act without considering the other. This prevents abuses of power and ensures balanced governance.
In exceptional scenarios, such as a fragile majority or a major political crisis, the President may be called upon to make strategic decisions, sometimes against the opinion of the parliamentary majority, to maintain the country's stability.
Political consequences and implications for democracy
Government stability largely depends on the harmony between the President, the Prime Minister, and the National Assembly. A parliamentary majority supporting the Prime Minister ensures more stable governance. A head of government backed by a strong majority is in a better position to propose and implement effective reforms and public policies.
The dynamics between the majority party and the appointment of the Prime Minister thus has profound implications for democracy. It reflects the balance of power and the necessity for cooperation amongst different branches of government.
So, while a majority party in the National Assembly may not directly decide on the Prime Minister in France, its influence is undeniable. The President must consider the parliamentary majority to ensure stable and effective governance. This complex interaction between the President, the Prime Minister, and the National Assembly remains one of the key pillars of the functioning of French democracy.
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