Published on the site of the National Assembly on December 15, 2022, the petition “To judge the dismissal of the occupant of the Elysée Palace” asks to “be able to judge the dismissal” of the President of the Republic Emmanuel Macron. Already signed by more than 50,000 people, the petition has been circulating for a few days on social networks, relayed by several elected opposition politicians, in particular the deputy of La France Insoumise Louis Boyard. This Friday, April 28, 2023, it has just over 57,000 signatories.
The petition requests, “in application of article 68 of the Constitution”, that the National Assembly “set itself up as a High Court of Justice” and judge the dismissal of the president. Article 68 of the Constitution allows dismissal on one condition: the Head of State must be responsible for a “breach of his duties manifestly incompatible with the exercise of his mandate”.
The High Court must rule on the necessity of such a decision. But for that, it is necessary that its seizure is voted by the two assemblies of the Parliament. The High Court then has a month to vote, by secret ballot, on dismissal. His decision is effective immediately. How many signatures are needed for the petition to be considered in the National Assembly?
For the petition to be discussed in the law commission, it must gather 100,000 signatures and a deputy, sitting in the commission, must become the rapporteur. For this request to be the subject of a debate in public session, it must bring together 500,000 signatories from at least 30 different departments. This Friday, April 28, 2023, it has just over 57,000.
Questioned by Le Figaro, the entourage of the president of the law commission of the National Assembly, Sacha Houlié, does not make much of this petition. Indeed, “we are still far” from the number of signatures necessary and the next examination of the petitions deposited on the site of the Assembly will not be done “before six months”. If the petition had the right number of signatories and found a rapporteur in Parliament, could it succeed?
In the event that the petition exceeded the levels of signatures, it would not have much chance of being discussed. A few weeks ago, a similar petition called for the dissolution of the BRAV-M (Brigade for the repression of motorized violent actions). Despite its 263,000 signatures, it had been dismissed by the law commission following opposition to its examination by deputies from the majority, the right and the National Rally.
The same scenario could arise for the petition “To judge the dismissal of the occupant of the Elysée”. Indeed, the chairman of the commission, Sacha Houlié, is a deputy from the presidential camp, recalls Le Figaro. He could then simply refuse to examine it and file it without further action. Finally, even if the petition were validated by the law commission, it could only be the subject of a debate, without a vote, in the National Assembly. The dismissal of Emmanuel Macron will therefore not take place in the days to come.