PM resigns and transition government begins - is France at a standstill?

France’s period of political confusion continues after the resignation of the current government, including the prime minister, was accepted yesterday (July 16) evening by the president. 

Gabriel Attal will, however, remain on as the head of a transitional government until a new prime minister is appointed.

Mr Attal and his government offered their resignation following the second round of the legislative elections, where the president’s centrist coalition finished in second place. It was refused by President Emmanuel Macron.

Read more: Why this week should clarify (a bit) the political situation in France

A second offer of resignation was accepted yesterday. 

Mr Attal and the current portfolio of ministers will continue in their roles as a ‘caretaker government’ (affaires courantes) as part of the resignation deal.

They will “remain in place until it is replaced by a new government, to ensure, in the name of continuity, the minimum functioning of the state,” said a memo from the government’s secrétariat général on the matter.

The government, in this phase, can handle “ordinary affairs… part of the normal running of the state,” as long as there is no political element to them, as well as “urgent affairs [such as a state of emergency, natural disaster, public order disturbances, etc]” it adds.

This will prevent France from coming to a full standstill, however this temporary solution is severely limited in what measures it can take.

Can this government pass laws? 

Perhaps the most significant point is that a transitory government cannot pass legislation. 

This is because by nature, the writing of a bill is political, breaching the apolitical tendencies of a caretaker government. 

Inter-ministerial discussions are also not held, as they could be seen as a complication (deliberately or otherwise) for the inevitably incoming government, and could create unnecessary – non-vital – work.

A piece of legislation has never been passed by a previous caretaker government although there are, in theory, two possible times when it could pass a law. 

The first is for urgent financial measures, such as annual budgets, without which the state would not be able to function. 

The second would be the extension of a state of emergency (limited to 12 days without any vote to extend it), in the event of a national crisis. 

Ministers are also allowed to return to their seats in the Assemblée nationale even if they are part of the caretaker government, and will be able to vote on matters discussed by the house (such as the appointment of a new president of the chamber), even if legislation cannot be passed at this time.

How long can this government last? 

There is technically no limit on how long such a government can be in power as no limits are defined within the Fifth Republic’s constitution.

It will simply remain in place until a new prime minister is appointed – although during the current political climate, no one is exactly sure then this will happen. 

According to sources close to President Macron, he expects the transition government “to last a few weeks”, most likely until the end of the Olympic Games in Paris (the closing ceremony is August 11). 

He may also be hoping for political forces within the Assemblée nationale to band together and form a centrist coalition, with his party at the helm, as opposed to handing the reins over to the current largest party, the left-wing alliance Nouveau Front Populaire. 

A new government is likely to be picked between then and the beginning of September, as part way through the month, the conseil des ministres (ministerial council) will have a budget meeting regarding the following year’s financial situation. 

It makes sense for the new government to be present for this. 

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