politics

This assessment appears in an opinion piece published in, Wednesday 11 November

For them, a head of state could not consult the French people directly in order to amend the Constitution without first having obtained the agreement of the…

constitution, marine, cent, marine le pen, elysée, référendum, constitutionnalistes, constitutionnalistes critiquent

Key facts

  • This assessment appears in an op-ed published in Le Monde on Wednesday, November 11. It concerns the plan to apply the National Rally's migration…
  • For them, a head of state could not consult the French people directly in order to amend the Constitution without first obtaining the agreement of…
  • The stakes therefore go beyond the electoral calendar alone: the path chosen to revise the fundamental text is, according to these legal scholars,…

This assessment appears in an op-ed published in Le Monde on Wednesday, November 11. It concerns the plan to apply the National Rally's migration policy in this way.

For them, a head of state could not consult the French people directly in order to amend the Constitution without first obtaining the agreement of both assemblies.

The stakes therefore go beyond the electoral calendar alone: the path chosen to revise the fundamental text is, according to these legal scholars, constrained and cannot be circumvented.

The Senate, by contrast, would remain dominated by a right-wing and centrist majority that could oppose such a revision.

At the heart of the argument is the distinction between Articles 11 and 89 of the Constitution.

The first allows the President of the Republic to submit certain bills to a referendum. According to the signatories, it does not exempt him from the prior agreement of both chambers when it comes to amending the Constitution.

Dig deeper

What is the National Rally?

It is a French political party classified on the far right, for which immigration policy is a central theme.

What does Article 89 of the Constitution provide?

It governs constitutional revision: the bill must first be passed in identical terms by the National Assembly and the Senate, before a referendum or a vote by Congress.

What is Article 11 for?

It allows the President of the Republic to submit certain bills to a referendum, without thereby opening an independent path to constitutional revision.

What is the Senate’s role in this matter?

As the upper house of Parliament, it must approve any Article 89 revision; a right-wing and centrist majority can therefore block the text.

Why is this distinction decisive?

It determines whether the head of state can consult the French people directly to amend the Constitution or whether he must first obtain the agreement of both houses.

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