The Constitutional Council instructed the executive power to correct the “immigration” law

The Prime Minister, Elizabeth Bourne, at the Elysee, Paris, December 20, 2023.

Determined to see the “immigration” bill passed before the Christmas break, the government asked MPs to vote on a text it hoped would be repealed. As Emmanuel Macron admitted on Wednesday, December 20: “Because there were articles that did not correspond to our constitution, should we say that ‘we cannot reach an agreement and therefore there is no text’?” he asked France 5. My answer is no. »

While all eyes are on the National Assembly on Tuesday evening, Gérald Darmanin suggests that senators adopt a text that includes the measures. It is plainly and clearly against the Constitution “. “But politics, The Minister of Internal Affairs assuresThis is not advocacy before lawyers. Therefore, it will be up to the Constitutional Council to decide. to do his job “, he continues. In fact, on Wednesday, the President of the Republic seized it so that he could “Rules on compliance with all or part of this law”. A conformity that Prime Minister Elizabeth Bourne herself has admitted is fragile.

If the legislator is not infallible, “ Parliament must still pass laws that do not conflict with the Constitution “, he is surprised the world Constitutionalist Didier Maus. ” I can’t see any other example of a government knowingly passing a law even though it believes it is “clearly” unconstitutional. In turn, Magistrate Eric Halfen responded on social network X.

Although the adoption of the bill provokes an open crisis in the presidential camp, the appeal to the Constitutional Council seems to be a last resort to censure the harshest measures that have been granted to the leaders of the Les Républicains (LR) party. This text has ” What I don’t like, but what doesn’t conflict with our values.” Emmanuel Macron said on Wednesday morning in the Council of Ministers. In the evening confirming that this text contains “What might shock people” But “What is effective in my eyes”.

Closing the controversy

The opposition condemns the opportunism of this appeal. “The Constitutional Council is not a conscience washer”The Socialist Party (PS) boss, Olivier Fauré, responded, while the left also seized the establishment under the chairmanship of Laurent Fabius. For constitutionalist Jean-Philippe Derosier, who is close to the PS, Emmanuel Macron is trying “Make your law”. The Constitutional Council, he adds, is ” Politically exploited, with consequences that could be dramatic for our republican order Censorship of certain measures “We will allow the national movement to say: you see clearly that our constitution does not allow us to ensure the safety of our fellow citizens.” Detains lawyer while National Action (RN) and LR demand constitutional change on immigration issues.

Source: Le Monde

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