by Our Diplomatic Affairs
Rumors circulating on French social media suggest that President Emmanuel Macron might invoke Article 16 of the French Constitution, granting him exceptional powers. This article, which has only been used once in the history of the Fifth Republic, would allow Macron to assume near-dictatorial control over the country’s institutions. The possibility comes amid an ongoing political crisis, which has seen the resignation of Prime Minister Barnier and a continuing budgetary deadlock.
Article 16 can be triggered in cases of a “serious and immediate threat” to the Republic’s institutions, national independence, territorial integrity, or international commitments. It also applies in the event of a breakdown in the regular functioning of public authorities. French legal expert Thibaud Mullier has questioned whether the current situation, including the lack of a 2025 budget, constitutes such a threat. He argued that while the conditions for invoking Article 16 may be met, it ultimately comes down to whether the President has the “legitimacy” to use these powers. Given Macron’s weakened political standing, Mullier expressed doubts about whether he could justify such a drastic measure.
A Historical Precedent: Charles de Gaulle and the 1961 Putsch
The only time Article 16 was invoked in France’s Fifth Republic was by President Charles de Gaulle, who used it in 1961 in the wake of a failed military coup. The coup, led by four generals, sought to prevent de Gaulle from implementing his plan to withdraw from Algeria, bringing an end to the brutal Algerian War. The coup, which was backed by a faction of the French army, failed, but it left the country in a state of crisis. Faced with the threat of destabilization and a potential civil war, de Gaulle invoked Article 16 on April 23, 1961, to consolidate his power and restore order.
De Gaulle’s use of Article 16 was seen as a necessity to preserve the state during a period of intense political and military turmoil. His invocation of these powers lasted for six months, until September 1961, when the crisis had passed. Since then, the article has remained a symbol of extraordinary authority, used only in the most extreme circumstances.
Could Macron Justify Using Article 16 Today?
Jean-Philippe Derosier, a constitutional expert, dismissed the idea of Macron invoking Article 16 as “far-fetched.” He pointed out that France still operates under a functioning government, with the current budget valid through the end of the year. He also noted that it remains unclear whether Macron has properly consulted with all the required officials, such as the Prime Minister (whose position is currently vacant) and the Constitutional Council.
However, should Macron choose to invoke Article 16, the powers granted are not permanent. The Constitutional Council, the President of the National Assembly, the President of the Senate, or a group of 60 parliamentarians can initiate a review after 30 days. The council’s approval is mandatory after 60 days, and Parliament retains the power to remove the President from office if the conditions for Article 16 are deemed to no longer be met.
Despite these checks, the mere suggestion of Article 16 being used has sparked concern. “If Article 16 is invoked as a response to the Barnier government’s censure, we may have cause for concern for our democracy,” Mullier warned. The exceptional powers granted by Article 16 were designed in the wake of World War II to ensure the continuity of the state in times of crisis. However, with a political crisis already unfolding in France, many are questioning whether invoking such powers would be a step too far.
