It is doubtful that the deep social unrest that France is suffering from, and that has resulted in periodic eruptions of extreme street violence, should be fixed by changing the Constitution. However, Emmanuel Macron wants to propose two major reforms to the Magna Carta to reduce the discontent, both of the territories that complain about the excessive centralism of Paris and the lack of attention and of the ordinary citizens who feel every time more marginalized from decision-making.
The Head of State took advantage of Wednesday’s speech 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 referendums popular, with a wider margin in the subjects subject to consultation. The right to abortion will also be shielded in the Constitution.
During the recent visit to Corsica, Macron already advanced the will to modify the Constitution to recognize the historical and cultural uniqueness of the island. Likewise, the new statute, still to be determined, of New Caledonia -an archipelago under French sovereignty in the South Pacific-, where three consecutive referendums on independence failed, will have to be entered into the supreme law of the Republic, without the conflict between natives and residents of European origin has been closed.
In the case of Corsica, Macron admitted that the current autonomy has shown “inadequacy” and it is necessary to go further. The presidential reflection broadened the debate to the entire country, which is a boldness with risks because it will not be easy to reconcile the demands of each other with a secular unifying heritage. The authorities in 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 Paris is willing to cede. According to the president, the unity of the Republic is unquestionable, as stated in article 1 of the Constitution, but “indivisible, in fact, does not mean uniform”. For Macron, “the republican ideal is strong enough to accommodate adaptations, specificities, particularities”. “The unity of France, after so many centuries of centralization, of which everyone perceives the limits today, will resist this new distribution of powers – he added -. Better yet, I deeply believe that our unity will be stronger.” The president insisted on a decentralization that affects the municipalities. “Our entire territorial architecture must be rethought”, concluded the Head of State, who noted that “this unfinished decentralization produces ineffectiveness in public action”.
Macron’s proposals on referendums were similarly vague. The president is willing to include more questions that can be consulted by the people than what is now in article 11 of the Constitution. It specifies that the organization of public authorities and reforms relating to economic, social and environmental policy, and also the ratification of treaties, can be the subject of a referendum.
The right and the extreme right are pushing for migration policy to be decided by the vote of the citizens, something that poses obvious dangers because, under the influx of populist messages, it could place France outside of its European commitments. Macron warned, without expressly mentioning the migration issue, that “extending the field of the referendum cannot allow us to evade the rules of the rule of law”.
Some opposition leaders, such as the leader of the ranks of the Socialists in the Assembly, Boris Valaud, criticized Macron for the lack of details of his offers. The Insubmissive France (LFI, radical left) regretted that there is still talk of a “referendum of shared initiative” (a complex mechanism of popular signatures and the support of some parliamentarians) and not of a “referendum of popular initiative” , 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 in a constitutional reform, feel strong to condition Macron. Even among the deputies in the presidential ranks, there have been voices of prevention about the Elysee 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.
