Constitutional Council strikes down parliamentary mandate loss rules

The Constitutional Council has ruled on the constitutionality of an organic law modifying Article 118 of the National Assembly's internal regulations. Following a referral by the President of the Republic on August 27, 2026, the Council validated the legality of the referral process and the legislative procedure used to adopt the law on May 8, 2026.

However, the Council struck down several key provisions, most notably those regarding the loss of parliamentary mandates due to absenteeism. The judges ruled that the provision allowing for the loss of a mandate after ten consecutive absences from plenary sessions is unconstitutional, as the Constitution only permits the loss of a mandate in cases of party resignation or final criminal conviction. Consequently, the provisions regarding the ‘automatic recording of resignation’ were also annulled.

The Council determined that these unconstitutional elements are separable from the rest of the text, meaning the remaining provisions of the organic law remain valid, provided they respect the principle of equality for deputies elected abroad.