The announcement was widely commented on but will it be successful? Nothing is less sure. Because Emmanuel Macron will need some of the oppositions, far from being convinced, if he wants a referendum on the inclusion of climate protection in Article 1 of the Constitution to be well organized soon.
The Head of State announced this intention on Monday evening, at the end of his discussions with members of the Citizen’s Climate Convention. Before being put to the vote of the French, however, the text must first pass through Parliament.
“I am waiting to see the wording, if it is a political coup we will not lend a hand, if it is useful, we will study it”, warned this Tuesday morning on France 2 Bruno Retailleau, the president of the Republican group in the Senate, in the majority.
We explain to you.
How does a constitutional review work?
This procedure is provided for article 89 of the founding text of the Fifth Republic. Three steps are necessary. First of all, the President of the Republic or any parliamentarian launches the initiative. As for a “classic” law, it is a question of a “draft” of revision, when it emanates from the Head of State, or of a “proposal” of revision in the second case.
Then, the National Assembly and the Senate must vote on the text in identical terms. In other words, unlike the usual legislative procedure, there is no “shuttle” system between each of the two parliamentary chambers. The National Assembly cannot have the last word in the event of disagreement either.
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Finally, two possibilities. Either the Parliament is convened in Congress, that is to say deputies and senators united, and must give its agreement by a majority of three-fifths of the votes cast, or the text is submitted to the referendum of the French.
What are the precedents?
Since 1958, the Constitution has been amended 24 times. In 22 cases, this was done through article 89: 21 times with a vote of Congress and once by referendum, it was in 2000 for the passage from the seven-year term to the five-year term. Another modification was made by article 85, now deleted, and another finally via article 11.
This article 11 allows a Head of State not formally to change the Constitution but to submit to referendum any bill relating to the organization of public authorities, to economic, social or environmental reforms, or to ratify a treaty. No need in this case for the consent of Parliament. This is the path that General de Gaulle has taken on two occasions.
In 1962, first of all, for the President of the Republic to be elected by direct universal suffrage. The former hero of Free France resumed the blow seven years later, in order to transform the Senate. But the French people this time rejected the measure, prompting the resignation of General de Gaulle.
Can clause 11 be reused this time?
Could Emmanuel Macron, like General de Gaulle, resort to article 11, which would allow him to do without going through Parliament? For several decades, constitutional scholars have generally agreed that a new recourse to Article 11 to change the Constitution would be rejected in law.
“It is absolutely sure”, slice Jean-Philippe Derosier, professor of public law at the University of Lille. “It was never possible, but there is the difference between what we have the right to do and what we do. At the time of General de Gaulle, it was a violation of the Constitution, but it was another context: the Fifth Republic was only four years old. Today, the Constitutional Council is over 60 years old and, above all, a case law has emerged ”, he explains to us.
These include the so-called Hauchemaille case law of July 25, 2000. According to it, “the Council accepts to check the legality of the decree submitting a text to a referendum”, indicates the organization. on his site. “Logic dictates that the procedure for revising the Constitution is carried out by article 89, but the text did not initially provide for a means of control if a president decided to resort to article 11. The Constitutional Council seems to have decided to want to take care of it and it could block the convocation of the electors ”, decrypts us the constitutionalist Bertrand Mathieu.
Jean Castex also confirmed this Tuesday morning on Europe 1 that the National Assembly and the Senate will be seized: “We will scrupulously respect our Constitution. “
Original article by : www.leparisien.fr