Saint-Denis Mayor Defies Tradition: Can a Mayor Legally Remove Macron’s Portrait from City Hall?

Tradition vs. Law: The Controversy Over Presidential Portraits in French Town Halls

In France, the image of the President of the Republic is a staple of administrative offices, symbolizing the unity of the state. However, a recent move by Bally Bagayoko, the LFI mayor of Saint-Denis, has sparked a debate over whether this practice is a mandatory legal requirement or merely a long-standing custom. By removing the portrait of Emmanuel Macron from his office, Bagayoko has highlighted a significant gap between “republican tradition” and actual French law.

The Incident in Saint-Denis

During an interview with LCI on May 4, Mayor Bally Bagayoko confirmed that he had removed the presidential portrait from his office. He stated his intention to leave the portrait turned over in a corner of the room, arguing that he would do so “as long as the Republic was not capable of correcting inequalities.”

The gesture prompted a swift reaction from Julien Charles, the prefect of the Seine-Saint-Denis department. In a letter sent on Tuesday, the prefect reminded the mayor that while hanging the portrait “does not fall under any legal obligation,” it is a “usage consecrated by republican tradition.” Charles argued that the mayor’s role is to unite citizens around institutions regardless of political divides and urged Bagayoko to reconsider his position to respect this tradition.

Is the Presidential Portrait Legally Mandatory?

The short answer is no. Despite the prefect’s reminder, there is no law in France that requires a mayor to display the portrait of the head of state in their office. This distinction is critical in French administrative law: a tradition, no matter how established, does not carry the weight of a legal mandate.

To understand the legal landscape, one can look at Article 2 of the French Constitution, which explicitly defines the official symbols of the Republic:

• Language: French
• National Emblem: The tricolor flag
• National Anthem: La Marseillaise
• Motto: “Liberté, Égalité, Fraternité”

Notably absent from this list is the portrait of the President. Because the law is silent on the matter, mayors like Bagayoko can technically remove the image without violating any statutory regulations. This was echoed by LFI deputies Nadège Abomangoli and Éric Coquerel, who pointed out that the prefect’s own admission—that there is no legal obligation—renders the formal reprimand unnecessary.

Failed Attempts to Codify the Tradition

The lack of legal requirement hasn’t gone unnoticed by political leaders. In May 2023, a legislative proposal was introduced by a group presided over by Gabriel Attal. The goal of this proposal was to transform the tradition into a law, making the display of the presidential portrait mandatory in all town halls.

While the text was adopted by the National Assembly, it never became law because it was never examined by the senators. This legislative failure ensures that the practice remains voluntary.

Legal Precedents and Political Protest

While removing a portrait from one’s own office is legal, the act of removing or stealing portraits from public spaces has led to legal battles. In recent years, several environmental activists have been prosecuted for taking down portraits of Emmanuel Macron to protest state inaction on the climate crisis.

The judicial outcomes for these activists have been mixed. Some have been convicted and fined for “theft,” while others have been acquitted, with courts citing the protection of freedom of expression.

Key Takeaways: Tradition vs. Legality

The standoff in Saint-Denis serves as a reminder of the tension between symbolic governance and the strict application of the law. While the state views the portrait as a tool for national cohesion, some local officials view its removal as a legitimate form of political expression within the bounds of the law.