It is doubtful that the deep social unrest that France is suffering, which has resulted in periodic eruptions of extreme street violence, will be fixed by changing the Constitution. However, Emmanuel Macron wants to undertake two important reforms in the Magna Carta to reduce discontent, both among the territories that complain about the excessive centralism of Paris and the lack of attention and among ordinary citizens who increasingly feel more marginalized from decision-making.
The head of state took advantage of his speech on Wednesday before the Constitutional Council, on the 65th anniversary of the fundamental law of 1958, which established the Fifth Republic, to propose two revisions in very sensitive areas: decentralization and the facilitation of popular referendums, with a wider margin in the matters submitted for consultation. The right to abortion will also be protected in the Constitution.
During his recent visit to Corsica, Macron already advanced his desire to modify the Constitution to recognize the historical and cultural uniqueness of the island. The new status, still to be determined, of New Caledonia – an archipelago under French sovereignty in the South Pacific – must also be inscribed in the supreme norm of the Republic, where three consecutive referendums on independence failed, without the conflict between natives and residents of European origin is settled.
In the case of Corsica, Macron admitted that the current autonomy has shown “shortcomings” and must go further. The presidential reflection broadened the debate to the entire country, which represents audacity with risks because it will not be easy to reconcile the demands of each with a secular unifying legacy. The authorities of Brittany, for example, have already warned that they want the same treatment as Corsica. Other regions will be inspired by the example.
Macron was content to talk about general principles, without specifying how much power he is willing to give up in Paris. According to the president, the unity of the Republic is unquestionable, as stated in article 1 of the Constitution, but “indivisible, in effect, does not mean uniform.” For Macron, “the republican ideal is strong enough to welcome adaptations, specificities, particularities.” “The unity of France, after so many centuries of centralization, of which everyone today perceives its limits, will resist this new distribution of powers,” he added. Better yet, I deeply believe that our unity will be stronger.” The president insisted on decentralization that affects the municipalities. “Our entire territorial architecture must be rethought,” concluded the head of state, who noted that “this unfinished decentralization produces inefficiency in public action.”
Macron’s proposals on referendums were equally vague. The president is willing to include more issues susceptible to popular consultation than those now included in article 11 of the Constitution. There it is specified that the organization of public powers and reforms related to economic, social and environmental policy, as well as the ratification of treaties, can be the subject of a referendum.
The right and the extreme right are pushing for immigration policy to be decided by the citizen vote, something that poses obvious dangers because, under the influence of populist messages, it could place France outside of its European commitments. Macron warned, without expressly mentioning the immigration issue, that “extending the scope of the referendum cannot allow us to escape from the rules of the rule of law.”
Some opposition leaders, such as the leader of the Socialists in the Assembly, Boris Valaud, reproached Macron for the lack of details of his offers. France Insoumise (LFI, radical left) regretted that there is still talk of a “shared initiative referendum” (a complex mechanism of popular signatures and the support of a part of parliamentarians) and not of a “popular initiative referendum”, which would mean a revolution in direct democracy and was demanded by the yellow vests in their long revolt of 2018 and 2019.
The Republicans (LR, traditional right), who dominate the Senate, key to a constitutional reform, feel strong enough to condition Macron. Even among the deputies of the presidential ranks, voices of prevention have arisen about the Elysée plans because Macron will not be able to pilot the process. The president, in effect, risks opening Pandora’s box and complicating the rest of his mandate.
