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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

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*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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