Motion to reject immigration law: why did Darmanin submit his resignation to Macron and not to Born?

The government was trembling after Monday’s vote on a motion to reject the immigration bill. And at the head of the gondola is the one who carries the text: Gerald Darmanin. Before admitting the “failure” this Monday evening on TF1 news, the Minister of the Interior submitted his resignation to the President of the Republic, Emmanuel Macron. The head of state refused to leave the government. “I am a man of honor, and parliament matters (…) The President of the Republic had to decide, he decided,” Gerald Darmanin justified himself.

This resignation, submitted directly to Emmanuel Macron and not to his Prime Minister Elisabeth Borne, although head of government, has raised questions, starting with Nupes MP for Paris Sandrine Rousseau. “Just one question: usually a minister submits his resignation to the head of government, that is, the prime minister… so why? ” she asked on her X (formerly Twitter) account.

Article 8 of the constitution

To answer this question, we must return to how government is appointed. The Prime Minister, appointed by the President of the Republic, as Vie publique recalls, proposes names to the head of state. Subsequently, “at the proposal of the Prime Minister [le président de la République] appoints other members of the government,” provides for Article 8 of the constitution.

Similarly, the head of state “terminates” the functions of ministers. “It is the president who appoints and fires ministers,” sums up Christophe Boutin, professor of public law at the University of Caen-Normandy.

In fact, it is the chief executive who signs in the end decree appointing the government. “The formation of the government under the Fifth Republic is led by the Elysee Palace,” adds Christophe Boutin.

However, as constitutionalist Jean-Philippe Desrosiers, professor of public law at the University of Lille, points out, “it is the Prime Minister who proposes to the President the resignation of a minister” before it takes effect, as provided for in Article 8. In other words, the Prime Minister proposes, and the President of the Republic acts.

It is clear that the reins of power belong to Emmanuel Macron, and he would certainly ask Elisabeth Bourne to offer the resignation of the interior minister if he wanted to accept her. Then he – after Matignon’s proposal – had to “take measures that put an end to the functions of Gérald Darmanin”, emphasizes Jean-Philippe Desrosiers. In this case, it is a presidential “decree”.

Mandatory request?

Therefore, Emmanuel Macron refused the resignation of Gérald Darmanin. But does a minister really need the consent of the President of the Republic to leave office? No, says Jean-Philippe Desrosiers. “We don’t keep anyone in a position against their will,” notes the public law professor, who draws a parallel with the “classic employment contract.”

“Having visited Emmanuel Macron, Gérald Darmanin can now take advantage of the support of the head of state,” analyzes this specialist. “Macron gives her new political legitimacy,” supports Christophe Boutin.

Several ministers have also left the government without presidential approval since the advent of the Fifth Republic. One of the most recent cases is that of Nicolas Hulot on August 28, 2018. He announced his resignation by radio without first notifying the Elysee Palace. “I respect his freedom,” responded Emmanuel Macron.