

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

*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.
=> 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...
--------------------------------------------------
***
(NDLR : "DraftNews", as already send to "Eurofora"'s Subscribers/Donors, Earlier. A more accurate, full Final Version, might be Published asap).
***
Main Menu
Home Press Deontology/Ethics 2009 Innovation Year EU endorses EuroFora's idea Multi-Lingual FORUM Subscribers/Donors FAQs Advanced search EuroFora supports Seabird newsitems In Brief European Headquarters' MAPs CoE Journalists Protection PlatformBRIEF NEWS
- 00:00 - 02.06.2021
- 00:00 - 18.10.2020
- 00:00 - 19.06.2020
- 00:00 - 18.05.2020
- 00:00 - 20.04.2020
- 00:00 - 02.02.2020
- 00:00 - 09.12.2019
- 00:00 - 27.11.2019
- 00:00 - 16.11.2019
Popular
- Yes, we could have prevented Ferguson riots says World Democracy Forum's Young American NGO to ERFRA
- Spanish People Elect CenterRIGHT Majority with 1st Party and Total of 178 MPs (6 More than the Left)
- Pflimlin's vision
- The European Athletic "Dream Team", after Barcelona 2010 Sport Championship Results
- Source Conseil d'Europe à ERFRA: Debatre Liberté d'Opposants à Loi livrant Mariage+Enfants à Homos ?
- Head of BioEthics InterGroup, MEP Peter Liese : "Embryonic stem cell research reaching its END" !?
- Spain: Jailed Turkish Terror suspect with Explosive,Drones,Chechen accomplices stirs Merah+ Burgas ?
- UN Head Ban Ki Moon at CoE World Democracy Forum : - "Listen to the People !"
Latest News
- EUOmbudsmen Conference 2022: Digital Gaps affect People's Trust threaten EF Project on EU Future ?
- French Election : Black Out on Virus, but Obligation for Fake 'Vaccines" Challenged
- Both French Presidential Candidates point at "Humanism" in crucial times...
- France : Zemmour = Outsider may become Game Changer in Presidential + Parliamentary Elections 2022
- PACE President Cox skips Turkey Worst (Occupation) case compared to Russia (DeMilitarisation) query
Statistics
Visitors: 55536398Archive
Login Form
Other Menu

EU-educated charming young Chinese presence started to be felt in Council of Europe's corridors in Strasbourg at the aftermath of an Historic Resolution adopted by its Parliamentary Assembly in favor of opening the possibility to give China a special "Status" in the PanEuropean Organization.
- "My proposal to offer to China an official status as "Observer", in short term, under conditions, was welcomed" by the CoE : "The road to Dialogue between China and the CoE has now been opened", declared after Strasbourg's debates and votes the Head of France's delegation, MEP Jean-Claude Mignon.

"Neither complacency, nor a mere condamnation of China", but a "wise approach of a political issue of great importance", advised Mignon to all those who'd either overload claims on Democracy, Human Rights or Minorities, or close their eyes to anything, there as elsewhere... A balance which was not exactly followed during debates, contrary to Mignon's personal stance, which appeared rather even-handed.
China is the only UNO Security Council permanent member which has not yet any status at the CoE, being still obliged to be represented in Strasbourg by a General Consul : USA and Canada, even Japan and .. Mexico, have already got a special Status at the CoE, following Strasbourg's decision, back in 1995, to counter-balance the accession of Russia (1996) by creating special links to traditional "Western-world" allies.

All former "Socialist" Eastern European countries started to have relations whith the CoE through its former sector on Culture and Education, before becoming full Members of Strasbourg's paneuropean organization. Speculations were unfolding recently about establishing a probable concrete link with China through the topical issue of anti-doping in Sport, on the occasion of the 2008 Olympic games.
More spectacular, a meeting co-organized a few years ago in Strasbourg, by EuroFora and the International Space University between EU Parliament's long-time Rapporteur for EU's Satellite Navigation system "GALILEO", German MEP Brigitte Langenhagen, and a group of postgraduate students, attracted special interest from Chinese experts, and was followed, in less than a month, by the anouncement of China's intention to support EU's GALILEO project with a participation of 200 million €.
Compared to that, revendications of .. "Turkish" Minorities, by Turkish MEPs, this week in Strasbourg, spreading through a wide area extended ...from Greece up to China, appeared less worrying, than pittoresque...
Meanwhile, France's political will to start involving China and other important countries in European and Global affairs was due to be raised also at the forthcoming G-8 Summit in Japan by President Nicolas SARKOZY, (NDLR : confirmed on July 5)
Polls
SMF Recent Topics SA
- Record Hospitalisati... (0) by Breadman
- How Many Infected by... (1) by Thunderbird
- Real Cause for Europ... (0) by Breadman
- Interesting Australi... (0) by Aurora
- Plus de mRNA Faux-&q... (0) by Aurora
- EU: Lukashenko as E... (0) by WKalina
- Why NATO in Ukraine,... (0) by Geopol
- Afghanistan's key : ... (0) by Thunderbird
- Anti-Pass Demonstrat... (0) by Aurora
- Veran - Fioraso : Mê... (1) by JohnsonE