Emmanuel Macron and Jordan Bardella
Emmanuel Macron, left, and Jordan Bardella, the head of Rassemblement National © FT montage/Getty Images

President Emmanuel Macron’s surprise decision to dissolve parliament means there is a real chance he will be forced to share power with a government formed by his opponents. In France this is known as cohabitation. For the first time, it could involve the far right.

Macron may be hoping that French voters will balk at giving the Rassemblement National, the far-right party led by Marine Le Pen, a mandate to govern in snap parliamentary elections called for June 30 and July 7. He is also counting on moderate parties joining forces to keep the RN out of power.

But the RN is already the biggest opposition party in the National Assembly, with 88 out of 577 seats, and it has real momentum after its resounding victory among French voters in the European parliament elections on Sunday.

How common is cohabitation?

There have been three examples during the fifth republic: from 1986-88, when President François Mitterrand’s Socialists lost the parliamentary elections to the centre right led by Jacques Chirac, who became premier; from 1993-1995, when Mitterrand’s party again lost to the right, and he appointed Edouard Balladur as prime minister; and 1997-2002, when Chirac, by then president, disastrously gambled with snap elections, which returned a Socialist government led by Lionel Jospin.

There have been no further examples since then. Presidential terms have been reduced from seven to five years, the same as a parliamentary mandate, and the election timetables were synchronised so legislative ballots follow hot on the heels of presidential ones, often confirming the result. Macron’s snap poll gambit may change all that.

Who chooses the prime minister?

Technically the president chooses the prime minister regardless of how many seats the opposition has in parliament. However, the premiers they choose and the governments they form must have the support of the National Assembly, otherwise they can be toppled by a no-confidence vote.

In a scenario where the president’s party secures an absolute or relative majority, the president retains the control to name the prime minister. If an opposition group — in this case it would probably be the RN with Jordan Bardella as its PM candidate — gains an absolute majority, then it has the power to push through its own choice.

In the more likely scenario that there is no absolute majority, the president can influence the appointment but will need to negotiate with the other players to assemble a government. Experts point out that the French constitution does not have a specific formula for forming a government, which gives the president room to manoeuvre.

However, there is no guarantee that such a government will survive, and Macron could find himself once again attempting to govern without a clear majority — a situation that has already plagued his second term since 2022.

How much power do the prime minister and the government have?

A lot, contrary to perception. Macron has led a very executive, Gaullist presidency, exerting tight control over the government. But the constitution clearly states that it is the prime minister who directs the action of the government and ensures the execution of laws. The government is even responsible for some aspects of defence, although the president is commander-in-chief, controls the nuclear buttons and dominates foreign policy.

Assuming the government has a working majority, it will have considerable leeway to implement its agenda.

Chirac as prime minister, despite having cobbled together only a slender majority, was able to reverse many of the changes enacted by his left-wing predecessors, including nationalisations of companies and the introduction of a semi-proportional voting system. Balladur, also on the right, raised the contribution period for a full pension to 40 years and continued with privatisations. On the left, the Jospin government steered through the maximum 35-hour working week.

If it secures an outright majority, an RN government would theoretically be able to implement its programme, which includes strict curbs on immigration, taking back control of energy policy from Brussels, and establishing “national preference” that would favour French nationals over non-citizens in public sector jobs and social housing.

But if the RN was merely the biggest party but had no outright majority, then its PM would be vulnerable to no-confidence votes.

Can the president constrain the government?

To a degree. The president’s main restraining power is to call elections or referendums, but he (they have all been men) can only call an election once every 12 months, according to French electoral rules. The head of state can also refuse to sign government decrees, but the executive can get around that by turning them into normal legislation and then use the so-called article 49.3 of the constitution, where the government puts itself open to a confidence vote, to rapidly enact them. Ironically, it is a procedure that Macron and his prime ministers have frequently used since 2022 to overcome a recalcitrant National Assembly.

Because the president also controls diplomacy and national security, he can prevent an RN government, for example, from radically changing France’s position on Ukraine or reducing French support for Kyiv.

Lastly, the president can use his public platform, including the right to address the nation on television, to criticise the government in power. Mitterrand made frequent use of his bully pulpit to act as a de facto opposition leader.

Can cohabitations succeed?

Dividing executive power has its attractions for voters who want their leaders constrained by checks and balances. It does not necessarily lead to political paralysis, although it is hard to see Macron doing anything to facilitate an RN government. Indeed, his intention may be to show French voters the RN is incapable so that they do not elect Le Pen as president when his term ends in 2027.

One Macron ally floated the possibility that if the RN wins an absolute majority, it could refuse to form a government unless Macron resigns as president. Then France would be heading not for a cohabitation, but into a political and institutional crisis.

Copyright The Financial Times Limited 2024. All rights reserved.
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