In France, it is customary for the President of the Republic to appoint a new government a few days after the legislative elections. But this time, in the absence of any party bloc obtaining an absolute majority, Emmanuel Macron decided to wait until the parties agreed among themselves to propose a name for the post of Prime Minister. He therefore asked the resigned Prime Minister Gabriel Attal and his government to take care of business until a new formation is appointed. Here are the keys to understanding the meaning of a caretaker government
French President Emmanuel Macron has decided to task the outgoing government of Gabriel Attal with taking care of business until a new government is appointed. This comes ten days after early legislative elections in which no party or bloc won a majority, making it impossible to form a new government as is customary under the Fifth Republic.
Until a consensus is reached between the party blocs, the caretaker government led by Attal continues its duties to ensure the continued operation of state institutions
But what do we mean by caretaker government? What are the powers of the resigned government and the role of its ministers? What is its duration, and can it be overthrown? FRANCE 24 answers all these questions.
Institutional work continuity
According to the General Secretariat of the Government, caretaker government means allowing all state institutions to continue operating despite the absence of a new government.
But at the same time, this resigned government does not have the right to make decisions that are political or binding on the government that will come after it. It is only tasked with managing business and ensuring the continuity of state institutions, in addition to being able to make any urgent decision in the event of a natural disaster or a serious breach of public security.
The French President can convene a Council of Ministers with the government , provided that the Council does not discuss issues of political dimension and of great importance. He also has the right to appoint administrators or managers with the aim of ensuring the smooth running of institutions.
Can the outgoing government propose or ratify new laws?
Since the Fifth Republic was founded in 1958, no government has been able to conduct the process of approving new laws, except in two exceptional cases.
In the first case, it concerns the state budget. The outgoing government approves the new finance law by decree, then submits it for debate to the National Assembly for approval as well.
In the second case, the government can declare a state of emergency if necessary by decree for a maximum period of 12 days. However, extending this period requires a vote by the National Assembly deputies.
Parliament, for its part, did not ratify any law in the presence of a caretaker government.
Are caretaker government ministers entitled to be members of the National Assembly?
The answer is “yes.” Therefore, the 17 ministers who were elected as deputies in July have the right to join the National Assembly, participate in the discussions and vote to elect the Assembly’s President and his/her assistants.
For example, caretaker Prime Minister Gabriel Attal will continue to act as Prime Minister but will also be the head of the party bloc of the presidential coalition. This raises the problem of a conflict of interest between ministers who in fact exercise two powers, one executive and the other legislative.
One point to note is that members of the National Assembly are not entitled to ask questions to members of the caretaker government.
Can the caretaker government be overthrown?
The parliamentary system does not allow the caretaker government to propose or pass laws. Its role is to ensure the continuity of state institutions and maintain public security.
This is why it cannot be overthrown because it is already a resigned government. This government also does not have the right to use Article 49.3, which allows laws to be passed without a vote by the deputies.
Is there a specific time period for the caretaker government?
A caretaker government is not subject to a specific time period. It can be short or long. For example, in Belgium, the caretaker government lasted two full years.
In France, we have not yet witnessed such a situation. However, what can be said is that the resigned government can remain in office until a new government is appointed, without any specific time period.
What reinforces this hypothesis is that no party has won the overwhelming majority that would allow it to form a new government in a short time. Add to that the political manipulations practiced by President Macron, who is trying to buy time to create a rift within the ranks of the left-wing coalition ( the New Popular Front ) and separate the Socialist Party, the Communist Party and the Ecology/Waist Party from France Insoumise, led by Jean-Luc Mélenchon.
According to observers of French politics, the caretaker government is expected to remain in office until the end of the Olympic Games hosted by Paris from July 26 to August 11, or even until the end of August, but no more than that, as the new finance law must be approved by the end of September at the latest.