A first victory… on the legal level for the New Popular, Ecological and Social Union (Nupes). In a decision rendered on Tuesday, June 7, the Council of State enjoins the Ministry of the Interior to “recognize the Nupes as a unique political nuance in the presentation of the results which will be made” during the two rounds of the legislative elections, in accordance with this demanded for several weeks by the alliance of left-wing parties.
The high administrative court had, in fact, been seized of a summary-suspension filed by La France insoumise (LFI), Europe Ecologie-Les Verts (EELV), Génération s, Génération Ecologie, Les Nouveaux Démocrates, the French Communist Party (PCF), the Socialist Party (PS) and Nupes. All these parties denounced a circular from the Ministry of the Interior dated May 13 and addressed to the prefects on the allocation of nuances to candidates for the legislative elections.
The applicants challenged the “difference in treatment” between the candidates of Nupes and those of Ensemble!. The former have been assigned a distinct nuance depending on whether they are invested by LFI, the PCF or the PS, the others being mixed in an overall “ecologist” nuance, which aggregates both the candidates attached to the Nupes and others unrelated environmental candidates, such as those of the Animalist Party, for example. As for the candidates of Ensemble!, whatever their formation – La République en Marche, the MoDem, Horizons or others -, they have all been grouped under the same nuance. For Nupes, this decision, described as a “maneuver” can “alter the sincerity of the ballot”.
An argument taken up by the Council of State in its decision rendered on Tuesday. In his press release, the administrative judge thus considers “that the absence of accounting under a single nuance, of the votes cast on the candidates of the Nupes, is likely to undermine the sincerity of the presentation of the electoral results”.
To justify its decision, the Council of State explains that the Nupes “brings together the main left-wing political parties and formations around a shared program and single candidates in all the constituencies and that it constitutes a political current which participates to the structuring of the debate on the legislative elections of 2022”.
A legal success for Nupes, which Jean-Luc Mélenchon quickly welcomed on his Twitter account: “Victory. The Council of State validates the obligation for Darmanin to appoint us and to count us as Nupes for the legislative elections “. “Darmanin and Macron must stop their hacks and shenanigans,” he said again. “The arguments of the majority were very superficial. We were pretty confident but, in the context, it’s still a breath of fresh air. It was clearly a small maneuver, sanctioned by the Council of State, ”said Mr. Mélenchon, responding to Le Monde.
The national secretary of Europe Ecologie-Les Verts, Julien Bayou, is also delighted with the “huge snub for the Minister of the Interior who had dared this maneuver”. For its part, the Ministry of the Interior said to take “act of the decision” of the Council of State and “will proceed to the modification of the shades grid, in order to create the Nupes shade”.
“Covenant of Circumstances”
During the hearing held on June 3, the lawyer for Nupes, Me Frédéric Thiriez, had protested against a decision by the Ministry of the Interior taken to the detriment of “the legibility of the results for voters”. . “La Nupes will be unreadable when the results are announced,” he said. How to analyze the political meaning of the ballot if we disregard the Nupes? For the ministry, represented by the director of public liberties and legal affairs, Pascale Léglise, the color chart must make it possible both to “present the results of the elections and the evolution from one election to another”. “It’s about comparing like with like. We must not confuse a perennial nuance and an alliance of circumstance, ”she had defended.
“Covenant of convenience? I find that a little contemptuous, reacted Frédéric Thiriez, lawyer for left-wing parties. What authorizes the ministry to pass judgment on the durability of this coalition? The Constitution states that the parties exercise their activity freely. It is the business of political parties to organize themselves as they see fit. Arguments heard and validated by the Council of State five days before the first round of the legislative elections.