Article 16 gives full power to the french president for a month minimum, in case of a crisis. Since the early elections in July, France is currently having a political crisis that may prevent the creation of a stable government and the exercise of legislative power.
Two conditions must be met for him to invoke it.
- a serious and immediate threat to the institutions of the Republic, the independence of the Nation, the integrity of its territory or the execution of its international commitments
- the interruption of the regular functioning of the constitutional public authorities (executive, legislative and judicial powers).
There must be a threat against the republic, and the republic must be in a position where it cannot act to save itself.
What powers does it allows ?
- Disregard the principle of the separation of powers. He can thus take measures that fall within the remit of Parliament, or exercise regulatory power without calling on ministers.
- He should only act specifically against the crisis
- He cannot dissolve the parliament or forbid it to meet
- He cannot modify the constitution
Article 16: https://www.conseil-constitutionnel.fr/en/constitution-of-4-october-1958
https://www.conseil-constitutionnel.fr/la-constitution/quel-pouvoir-donne-l-article-16-de-la-constitution-au-president-de-la-republique
The question will be resolved "yes" if by April 2027, Emmanuel Macron has addressed the Nation to invoke the Article 16.