Does Emmanuel Macron’s letter to the French revealed by the native press violate electoral guidelines? – Liberation

Legislative elections 2024dossierThe first secretary of the PS Olivier Faure denounced as “violating the regulation” the publication in a number of regional media of a “letter to the French” signed by the President of the Republic.

Every week earlier than the primary spherical of early legislative elections, Emmanuel Macron addressed the French in a letter despatched to the regional press on Sunday June 23. On this textual content revealed by a number of regional newspapers (together with the Parisian, West France, South West or Provence), the President of the Republic justifies his choice to dissolve the Nationwide Meeting, refutes any speculation of resignation then encourages the vote in favor of the candidates of the Collectively for the Republic coalition. Confronted with the Nationwide Rally on the one hand, and the New Fashionable Entrance on the opposite, the proposal “from the central bloc of Ensemble pour la République is the very best for our nation”, writes the top of state. The candidates of the presidential majority “have a report which is undoubtedly not good however which might be referred to as into query if the extremes prevailed,” he explains. Over the previous seven years, a lot has been accomplished […] All of this deserves that we proceed the work.” And to insist: “Via these legislative elections of June 30 and July 7, it’s a query of selecting a majority to guard the values ​​of the Republic, to manipulate with respect, and to have an ambition for France.”

This publication didn’t fail to impress a response from its adversaries, who denounced an impediment to electoral equity, the opposite political events not benefiting from such a sounding board. The primary secretary of the Socialist Occasion Olivier Faure goes additional on the social community [Emmanuel] Macron, beneath presidential banner, who helps his candidates, violates the regulation on campaigns and their financing which prohibits the intervention of public entities. Requested concerning the provision to which he refers, Olivier Faure refers us to a “1991 regulation”, and provides that “business promoting is prohibited”.

The letter to the French revealed by E Macron beneath presidential letterhead, which helps his candidates, violates the regulation on campaigns and their financing which prohibits the intervention of public entities How a lot was this promoting billed? Was she? What proper of reply?

— Olivier Faure (@faureolivier) June 23, 2024

Since a 1990 regulation (and never 1991) on the limitation of electoral bills, it’s successfully prohibited for “authorized entities beneath public regulation” – such because the State, of which the President of the Republic is without doubt one of the organs – to finance the election marketing campaign. a candidate. However even when it have been confirmed that this “letter to the French” constituted an electoral expense, it will nonetheless be essential to show that Emmanuel Macron wrote and distributed it as President of the Republic. Nonetheless, on the doc despatched on Sunday to the regional press (the unique model of which might be consulted by way of the Dauphiné Libéré web site), solely has a header “the President of the Republic”, however the letter is solely signed together with his title, with out mentioning his perform. No emblem of the Presidency of the Republic has been affixed and the textual content just isn’t revealed on the Elysée web site (as was the case for instance for his “letter to the French” of January 13, 2019written as a part of the nice nationwide debate). So many clues which counsel a want to keep away from any mixing of genres.

“It is a letter signed by Emmanuel Macron, not an official letter with the Elysée letterhead. As Emmanuel Macron, he can name to vote for his social gathering if he needs,” Alexandra Aderno, a lawyer on the Paris bar specializing in electoral regulation, advised CheckNews. “There is no such thing as a prohibition within the electoral code on the truth that Emmanuel Macron engages on this marketing campaign,” confirms Sophie Briante Guillemont, physician of regulation at Paris 1 College, writer of a thesis on electoral disputes. “Whether it is signed solely by Emmanuel Macron, it’s exactly to make the excellence with the President of the Republic,” provides Romain Rambaud, affiliate professor of public regulation on the College of Grenoble-Alpes, specialist in electoral regulation.

“Nearly unimaginable to show”

Conversely, if this letter has the looks of a textual content emanating from Emmanuel Macron as a pure particular person, however it’s finally demonstrated that this contribution to the marketing campaign was financed with public funds , then it will contravene the electoral guidelines. Concretely, the top of state must depend on “collaborators paid by the Elysée”, believes Romain Rambaud. “If the technique of the Elysée have been immediately used within the drafting course of, it turns into unlawful, however it’s virtually unimaginable to show,” continues the regulation professor, who cites a contrario the instance of the speech given by the top of state on June 21, through the music competition organized on the Elysée Palace, to name for a vote as a result of “there are extremes that we can not let move”.

“There, public sources have been dedicated for the live performance which is held throughout the grounds of the Elysée, with an orchestra paid for by the Elysée, so it poses an issue in a way more apparent means,” he notes. As for the letter, then once more, the Nationwide Fee for Marketing campaign Accounts and Political Financing (CNCCFP) ought to absolutely be content material to query the presidential Renaissance social gathering, since it’s not ready to hold out an intensive investigation.

In precept, the distribution of this letter should even be the topic of a line within the social gathering’s marketing campaign accounts. “As quickly as there’s a communication value, it’s imagined to be the accountability of the social gathering, which has the duty to hint them within the marketing campaign accounts”, factors out Man Prunier, former challenge supervisor on the Constitutional Council and writer from the ebook Electoral marketing campaign and native elections (Dalloz, 2019). Thus, throughout a precedent which involved the European elections of 2019, the CNCCFP needed to determine on a discussion board entitled “For a European renaissance”, signed by the President of the Republic in March of the identical yr, revealed each within the French press than in that of different EU Member States, addressed to all European residents. On this case, the fee thought-regarding that the platform constituted an expense of an “electoral nature”, which ought to have appeared within the marketing campaign accounts of the Renaissance listing carried by Nathalie Loiseau.

“What’s prohibited is shopping for promoting inserts”

Relating to the letter to the French of June 23, the one danger for the presidential alliance is subsequently “its reintegration as electoral expenditure within the marketing campaign accounts”, which the CNCCFP might determine, together with if its value is derisory , explains Romain Rambaud. Questioned concerning the means utilized by Emmanuel Macron, in addition to a attainable integration of his mail into the marketing campaign accounts, neither these answerable for the marketing campaign inside Renaissance nor the Elysée have but responded.