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this post was submitted on 07 Sep 2024
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Not a lawyer but an informed citizen, I’d be happy to be corrected if I’m wrong.
That’s a spirit of the law vs letter of the law question which to my understanding has not been answered. I am no lawyer but the wording of our constitution is pretty ambiguous and leaves room to interpretation. I won't try and translate the article in question because as I said, not a lawyer and some blurred lines may be lost in my attempt at writing legalese in a foreign language.
It’s also useful to point out that this situation has never happened before. Yes the left coalition has the highest number of representatives, but there is little political room (as seen when the most radical parts of the coalition proposed not to participate directly in a would-be government) for expanding said coalition.
The constitution of the fifth republic was written in much different times, when De Gaulle wanted to avoid the fourth republic’s issues which was very parliamentary, but quite unstable. He wanted to be able to pick, and got this power when the constitution was written.
But we’ve reached this odd situation (no obvious majority because of the three-block-parliment) which was not really anticipated. So we’ll see how it goes, how long Barnier’s government will stand. As of now, the far right has given it’s blessing not to censor the government, making it a center-right-far right de facto coalition. But as of today, these are just words, so we're not sure what the exact terms of their agreement are. From what I know, the far right is not trying to participate in the current government, they would just abstain from participating in votes of no confidence, which would prevent such votes from having any effect, due to the current structure of parliament.
A party is also trying to impeach Macron which I think has never happened before in the 5th republic.