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Home arrow newsitems arrow French Top Law Professor Waline to EF: No more 1969 or EU 2005-like Constitutional Referenda in 2019

French Top Law Professor Waline to EF: No more 1969 or EU 2005-like Constitutional Referenda in 2019

Written by ACM
Saturday, 29 September 2018

president_jean_waline_speaking_at_republicans_summer_university_2018_strasbourg_eurofora_400
 

*Strasbourg/RPUniversity 2018/Angelo Marcopolo/- Having still in mind what had happened with the Rejection of EU's 2005 Referendum for a European Constitution, but also Earlier, on 1969 in De Gaulle's France, a new Referendum would not solve the problems for a Parliamentary adoption of an Exceptionaly Important, but Controversial Reform of the French Constitution Now (most probably on 2019), agreed, in Reply to a relevant "Eurofora"s Question, a well known Top Legal Expert on Public Law in France, former President of the Internatonal Human Rights' Instituite "René Cassin", Strasbourg University's Professor emeritus and former President of the University, Jean Waline, Nowadays Author of one of the most Popular Manual Books in French Administrative Law, (See also Infra).


He had just given the Concluding Lecture at the Annual "Summer University" 2018 of the Mainstream, Center-Right Opposition Party in France, that of the "Republicans", (Founded by Sarkozy, as successor of Chirac's  "UMP/RPR", etc), for Strasbourg's Region, at a Collective Meeting Yesterday Evening, (where "Eurofora" had been Invited for Press coverage, by the main Organiser, vice-President of Lower-Rhine's Department, responsible for Strasbourg, and former MP, Jean-Philippe Maurer, as well as the "Republicans"' regional Secretary General, Mayor Georges Schuler).

President Jean Waline, (Son of a Famous Figure in the History of Legal Science in Europe, Marcel Waline, one of the First to Criticize the Vichy regime's Collaboration with the NAZI Military Invasion and Occupation, during the 2nd World War since 1942, and a firm Gaulliste, a spiritual Father of the "Individual Liberties" Doctrine expressed in the current, 1958 French Constitution's Article 66 about the Protection of Liberty by ordinary Judges), reminded, by the way, that, Paradoxically, "it was a Parliament dominated by the so-called "Popular Front" (Left) which Transfered Governing Powers to (NAZI Collaborator) Petain" in that Shady Past...


But, the Academician Marcel Waline had also Published Original Insights in so Various but Key Socio-Political Issues, going from "Philosophical, Legal and Sociological Positivism", (1933, repub. 1993), and ..."the Proletariat, in nowadays Society" (1946), up to the "Parliament, Government and Political Parties according to Democracy" (1955 : a Prefiguration of what became the Current French Constitution since 1958), as well as a Huge Number of pertinent Legal Comments on Administrative Judges' Case-Law about manifold Topical Cases, (later Compiled by his Son in a Series of 3 Books published on 2004 - 2007), that President Jean Waline, notoriously Characterized by a Sharp Political Feeling, certainly wouldn't underestimate the Various Aspects of this Macron-proposed Constitutional Reform :


- Thus, f.ex., he did not Hide at all the Fact that the Rightist Populist Party of "National Rally", (formerly "National Front"), might get, (with the Constitutional Reform introducing a part of Proportional System, as planned by New French President Emmanuel Macron), much More MPs in the Next Parliamentary Elections, while, until Now, that Population of more than "1/5th" of the Voters that they usually Represent, Has Not at all an Equivalent Number of MPs in the French National Assembly, where it's almost practicaly non-existent, (compared to Other Parties), as he reminded.


+ But, at the Same Time, the proposed Constitutional Reforms, also contain a Number of Various Other Provisions, which often Diminish or Curtail MPs' Rights, such as, f.ex., a Sharp Cut in the Total Number of MPs, Restrictions in the Number of Amendments raised by an MP, of his/her Speaking Time, Easier procedure for Censuring Laws by the Constitutional Court, Shorter Time for a Compromise Deal between Assembly and Senate in case of Disagreeement, Governemental Interventions in fixing the Parliament's Agenda, etc., Jean Waline critically observed, inter alia.


=> Thertefore, the main Question raised is Whether a Majority of MPs might be Found, or not, in order to Adopt a Package of Constitutional Reforms which mainly Diminish MPs' own Rights, to the point to be considered as "Anti-Parliamentary" : - Why should they ? he Wondered.


- But, in Fact, as things stand, Political Parties are, practically, the only Bodies allowed to Fund MP's expenses for Electoral Campaigns, etc, and, therefore, can still exert an Important Influence, in real practice, on them, Waline went on to observe. And this might, indeed, be a Decisive Factor able to Influence MPs' Behavior, he realistically concluded.

 

president_jean_waline_making_a_point_republicans_summer_university_2018_strasbourg_eurofora_400 


=> Therefore, Waline didn't hesitate when "Eurofora" raised the Question if he believed Rumours according to which, the current Government might, eventually, find Easier and Safer to Adopt such Constitutional Amendments through a Popular Referendum, instead of a Parliamentary Vote, or not. And this, Despite the Fact that, as it has notoriously happened, already, with the famous Majority "No" (in France, Netherlands and Ireland, etc) to the 2005-2007 Euro-Referenda on a Draft EU Constitution, mainly Because of EU Citizens' Opposal to Turkey's controversial and unpopular EU bid, (which was parallely evolving during that same periodp of time) : A Similar phenomenon to what might happen, mutatis-mutandis, also time, his (given, f.ex., some People's Opposition to this or that aspect of the current Government's overall Policies.


>>> Indeed, he immediately Agreed with "Eurofora"s above-mentioned, Critical Observation, and stressed that, often, Popular Referenda are Not politicaly Reliable Mechanisms, precisely "because many People Vote "No" for any Other Reasons whatever, Different from that for which a Referendum was made"...


=> In Consequence, in such a case, a Referendum is quite "UnThinkable", and even "Not Possible", Jean Waline Concluded in substance, Replying to the above-mentioned "Eurofora'"s Question, (Comp. Supra).

 

- At any case, it will be interesting to see what will really happen, when those Constitutional Amendments will be officially Tabled, "probably on January 2019", i.e., by an Irony of the sort, ...just after the 1958 Constitution's 60th Anniversary this year of 2018, Waline highlighted, with a smile...

 

(../..)
 


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(NDLR : "DraftNews", as already send to "Eurofora"'s Subscribers/Donors, Earlier. A more accurate, full Final Version, might be Published asap).
 


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Sarkozy and Merkel : June 2009 solution to May 2005 "NO" ?

 - Will French President Nicolas Sarkozy and German Chancellor Angie Merkel live up from June 2009 to their obvious Historic European mission to revitalize, and re-launch the "European Dream", after the series of 3 "NO" since May 2005 in France, the Netherlands and Ireland, by renewing, and changing the EU with fresh stimulus, big horizons, and values attractive for EU Citizens ?

Whatever views anyone might have, it's a Fact that, recently, EU's political spectrum didn't produce other more charismatic and popular EU leaders than Merkel and Sarkozy, starting from September 2005 and May 2007, respectively.

This trend was confirmed, in one way or another, both during the German EU presidency in 2007 (shared by Merkel with the SPD), and mainly during the French EU Presidency in 2008, (with Sarkozy "free" to move).


The positive 2009 EU Polls are a natural consequence :

- Both with 72% Sarkozy and Merkel are considered by EU Citizens to be "the most Influential" leaders in Europe, by far.

- They are the only EU political leaders to attract a Majority of "Positive" views by EU Citizens, (Merkel over 60%, Sarkozy over 50%, particularly in the continent).

- 60% of EU Citizens find the 2008 French EU Presidency "Good", (and the satisfaction grows up to 67,5% in continental Europe).

The Poll was made by "OpinionWay" in big EU countries as Germany, Italy, Spain and the UK, (with the only exception of France), from 26 to 28 May 2009.

sarkozy_merkel_polls_400

But the most important is that both Franco-German leaders seem willing to, at last, really start serious business on EU's indispensable renovation and Renaissance from 2009 : Year of crucial EU and German Elections.

Therefore, this time, the joint European move by Sarkozy and Merkel, which just published a common Franco-German Manifesto, aims to stimulate aspirations and action not only in their respective countries, but also in many other EU "partners", as they say.

Both on EU economy, social values and scientifico-technologic research, as well as on Turkey's controversial EU bid, obviously incompatible with a popular Political Europe, whose Citizens can find a collective Identity and popular Values, they have already started to magnetize various growing voices accross the European landscape :

"Today, more than ever, it' time for action", they stress from the outset.

Facing "an unprecedented Global financial and economic Crisis", "Europeans must get resolutely involved if they want for the World which is being built to meet their Values of Liberty, Solidarity and Justice".

"That's what we want" and "propose to our Partners" :

* "A strong Europe, able to protect us" :

- "We refuse a Bureaucratic EU, which mecanically applies burdensome rules and is afraid of change. We want a European Union which listens what Citizens have to say, which innovates, stimulates".

- "We want a strong and united EU in the World, while also respecting its Member States' Diversity", which "brings Courageous Replies to the Questions of our Times, ensuring our Prosperity :  

This implies to "favor Research and Innovation", "Economic Coordination", to "develop real Policies on Immigrationn, Energy, Defence, and modernise  common policies, particularly Agriculture".

*  "EU must bring immediate replies to the Global Crisis".

- "Lawless liberalism failed". "The Model we want is that of a Responsible Market Economy, which favors Enterpreneurs and Workers, above Speculators ;  Long-term Investment, over immediate profiits".

- "We appeal upon the EU to take, from June, the first decisions to ensure a real European Regulation of Financial Markets, based on coordination and cooperation". "On speculative funds, on fiscal heavens, CEO's and financial operators' earnings, EU must give the example".

- "We call to change the rules of accounts, which are important for our Economy's revival : The competent normative authorities must take action". "The issue of a sufficient Credit offer is of central importance for our Economy". "We don't accept that, during this Financial Crisis, the European Banks' capacity to lend money might be unjustly reduced by Capital's requirements and accountant's rules

* "During the German and French Presidencies, EU has resoçlutely prepared itself for the fight against Global Warming... EU is the 1st and only area in the World to have adopted a package of ambitious and legally binding rules to comply with International Aims"

- "We have now to convince our Friends and Partners, to get involved, in order to atteint, next December at Copenhagen, a Global Agreement worthy of whay is at stake. Our closer ally, the US, but also other big industrial countries, must commit themselves with the same force as the Europeans".

"Green Growth is a Chance ... and an opportunity to create jobs turned towards the Future. Europe must be a leader".

- But, at the same time, we must ensure that our companies remain competitive in the World. The ambitious European involvements on Climat must not lead into a position where EU industry might become a Victim of Unfair Competition. Climat protection and Competitvity must go together. If our International partners refuse to associate themselves to our efforts, we are determined to take measures to protect European Industry"

* "Europe must be more ambitious for its Industry" : "It must favor the emergence of strong European enterprises at a Global level".

- "As long as an International mechanism" to "monitor Public Aids at WTO level, and hinder 3rd Countries to give abusive subsidies to their enterprises, provoking unfair competition", is "not yet set up, we must consider Transitory European Solutions".

* "The current Public Debt is too heavy... We must head anew towards sound public finance, as soon as we'd have passed the crucial stage in this crisis".
-------------------------------------------------

* Last, but not least :  "Europe must play a top-level role in the World"

- "For that purpose,  it needs efficient Institutions. That's why we need Lisbon Treaty". "The 27 Member States decided, last December (2008) that the Treaty should enter into force before the end of this year (2009)". To obtain that, June EU Council must agree "on the Guarantees for Ireland".

- But, "to be able to act, EU needs Borders. An Enlargment without Limits is not possible", Sarkozy and Merkel stressed in an obvious reference to Turkey, etc.

- "In order to be strong, Europe must assume its Values and its Identity". "Human Rights .. are at the basis of our commitment for a Peaceful Development accross the World".

- "For that purpose, we shall strengthen our common Defence and Security policy".
----------------------

* "We are ready to contribute to activate the EU towards the realisation of these aims, with our EU Partners".

"In order to succeed", Europe  "needs the active involvment of all, starting by Citizens themselves. That's why the June 7 rendez-vous is important", and "we are calling all Europeans to vote".

"We are convinced that, if Europe wants, Europe can", they conclude.
-----------------------

Precisely : - What can better forge "Europe's Will" than a "European Consciousness" emerging from political, democratic struggles to face Global Challenges, and open big New Horizons, including by crystal-clear Public Debates, with active EU Citizens' involvement, before the most important EU Decisions affecting People's lives ?

Precisely what "EuroFora"s project warns since 1997-2007, and unprecedented Majority Abstentions, since 1999-2004, added to 3 "NO" to EU Referenda in 2005 and 2007, proved meanwhile..

Let's hope that the Time wasted by some scandalous anti-European and anti-Democratic obstacles of the Past, will stimulate faster, simplified but substantial and persistent, efficient action.-

Polls

2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

Results

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