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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.

 

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=> 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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Benedict's "Source" to revitalize Europe : - "The World needs Hope", Pope says, calling to relaunch E.U. via Human Rights !

Paris - Lourdes - Strasbourg : 12 - 17 September 2008.

The vital need to re-launch Europe can be succesfully met by defending fundamental Human Rights of the People, said Pope Benedict XVI in his 1st speech in France, at his meeting with President Nicolas Sarkozy, who currently chairs the EU.

Sarkozy replied by welcoming Christian and other religions' contribution to indispensable Public Debates on crucial issues which affect Human Dignity, Europe, even Humankind, as BioGenetics.

- "When Europeans will see and personally experience that the inalienable Rights of the Human Person .., those of their free Education, their Family life, their Work, ..their Religious Rights, ..are respected and promoted, then, these Europeans will fully understand the greatness of the European construction and will be actively involved in it", Benedict XVI stressed.

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- "It's important that during France's EU Presidency, there is, indeed, a desire for the Church to contribute to protect Human Person's integrity, and I think that there is also a growing Conscience, beyond any polemics, to defend Human Rights, and, thus, contribute to ensure respect for Human Dignity", added to "EuroFora" the Pope's Spokesman, Vatican's Press Director Federico Lombardi.

- "Nobody really told us here that Lisbon Treaty was good for this or that reason to the People. They only told us that we "had" to ratify it, and tried to scare us, but failed", said 2 Irish pilgrims to "EuroFora", after 2 Majority Abstentions in 1999 and 2004 EU Elections and 3 "NO" to Referenda in France and the Netherlands in 2005, followed by the Irish "No" in 2008, during a Decade of EU Crisis since the controversial Turkey EU- bid (1999-2008).

More than .."224 cases of Murders, Torture, "Disappearancies" or Destructions" by "agents of Turkish Security forces", where all those responsible for so heavy Crimes still remain scandalously unpunished, despite regular condemnations of Ankara by Strasbourg''s European Court of Human Rights from 1996 to 2008, were examined the same week by CoE's Ministers, who decided to launch a fresh call "urging" the Turkish Authorities to end this dangerous "virtual Impunity" of criminals, without comparison to European countries.

- "Why not Ukraine, instead of Turkey ?", asked EuroFora a Journalist from "Kiev : the city where it's enough to cross the streets in order to realize that it's a European town", as Sarkozy recently said, before solemnly declaring this week, together with Ukranian President Jushenko and EU Commission's chair Baroso, EU's "recognition that Ukraine is a fully European Country, linked to Europe by culture and History".

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Europe's "Christian roots" and Values, with "openess and mutual respect" to other cultures and beliefs, were highlighted by Sarkozy in harmony with Benedict XVI.

The Human person should be protected "from his inception until his natural death", added the Pope, faithful to BioEthic principles defended by his predecessor and collaborator, John Paul II, of topical importance in France, Europe and the World today, as Sarkozy announced :

- "Fast and important progres in Genetic Science and procreation raise delicate BioEthical Questions to our Democracies", which "involve our view of Humans and Life, and can lead to Social Mutations. That's why they cannot remain only a business of experts", hestressed.

- "It's Politician's responsibility to set a proper framework for such Public Debates", as "France will do on BioEthics in 2009". "Religious and Philosophic traditions must take part, with their ideas and centuries' long experience : A positive Laicity is an open invitation to Dialogue", he said.

- "France engaged in Europe at another Debate on how to make Financial Capitalism more moral", and the "Social doctrine of the Church fits well what is at stake in modern Globalized Economy"

- "But, a "Real Dialogue is not for an elite of a Globalized world : It penetrates deep into the People : That's why Churches should actively participate : .. It's bringing New Oxygen to Public Debates", stressed Sarkozy.

- "Democracy must not be cut off Reason", which is "compatible with Faith", thanks to "the meeting between Christianism and Greek philosophy ", he added, referring to Pope's views. "It means to advance with logic arguments, search what's best and respect common principles of thinking :... It's an everyday need for Public Administration and the Political Debate", he added.
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Pope Benedict's 1st visit to France looked like the start of a brillant, manifold demonstration that this was well-founded and could become true in the lives of the People : After its Theoretical foundations unfolded at a "speech to the world of Culture", inaugurating Bernadins' cultural centre, and its dogmatic instrument shaped at an address to the Clergy in the Historic Notre Dame' Cathedral, he started to resolutely reach out to the People :

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The move went upwards like Bach's music : Begining with a call to more than fifteen thousand enthousiastic Youngsters gathered at Notre Dame's parvis with overnight celebrations, it gained strength in an impressive open-air Mass at Paris'central Invalides'area facing Alexander III's bridge, attended by more than 150.000 people, French Prime Minister Fillon, many Ministers, Foreign Ambassadors, etc, and culminated in a series of pan-European Mega-meetings at Lourdes 150th anniversary, together with all French Bishops, EU Commission's vice-Chairman Barrot, and some 200.000 enthousiastic People from all over Europe and beyond : After a Sea of Lights astonishingly braved Saturday Night's rain, an open-air mass at riverside fields among Pyrenees' Mountains Sunday Morning, was followed on Monday by a Sea of "Compassion" to those facing Health or Life threats, surrounded by an endless gathering of People, whose gigantic dimensions obviously surprised the organisers..

Meanwhile, Benedict had the occasion to speak to the French Priests at Notre Dame of Paris, and with the Bishops at Lourdes, where they prepare a crucial November plenary meeting, due to take important decisions on imminent EU debates and choices about Europe's identity, BioEthics, etc.
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- "A new way of thinking about Laicity has become necessary", agreed the Pope with President Sarkozy at Elysee. While keeping the "distinction between Politics and Religion, to guarantee Citizens' Liberty", "religion is important for shaping Consciousness and contributing, together with others, to create a basic Ethical Consensus in society".

- "Searching Essential realities", (as "God" for christians), needs "Speech : "Logos" in greek, i.e. Reason", "able to shape a Community","with creative work transforming Human History". But "Dialogue" is instrumental for "Reason", because it's the way to "search" for Truth", in "Liberty", according to Greek Platonic Philosophy, with Socrates' dialectics. "Reason" implies "Spirit and Liberty", hence the polyphonic "Music" of "Dialogue", in a responsible, "well balanced" way, to avoid "destruction".

Starting with a "Dialogue between christians and intellectual or artistic movements" highlighted at Bernardins' Cultural Center. with former Presidents Chirac and Giscard d'Estain, UNESCO's chair Anastassopoulos, etc., as well as representatives of Muslim Communities, (including a separate Turkish), after contacts with Jews at Vatican's Embassy, the Pope turned towards the People :

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To French Priests : "Church built on the rock" !
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- Speaking to thousands of French Priests at Notre Dame's Cathedral, Benedict highlighted a solid "Church built on the Rock" of conscious and active persons, transmitting "a lively, energetic and sharp" "God's Speech, actively working on Human History".

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"Praying together" with "representatives of Christian Churches and ecclesiastic communities", (as Orthodoxes, Armenians, Protestants, etc), he called "to reinforce the Unity of the church", against "any form of Division", around Holy Spirit', "the Word","Christ's Justice", and "Love" to fellow- humans : Essentials which "resume all holy scripts", as he said.

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To Young People : "New Horizons"
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To some 15.000 enthousiastic Young People at Notre Dame's parvis, along Seine's river, Benedict spoke about "the Energy of the Holy Spirit" and "the Mystery of the Cross" : - "The Holy Spirit opens New Horizons to Human Intelligence .. and makes it conscious of the real greatness of Christ's sacrifice, dying and resurecting for World's life".

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Some "may slander you as crazy, laugh at you, or even persecute you. But, "the Holy Cross is a symbol of God's love", and "givesmoral strength" : "Witness of People's pains, it's at the same time, a precious, unique expression of their Hopes", he told them at Paris' dawn.

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Invalides' plateau : "People chosen to become God's friends"
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At the 1st open-air Mass in Paris' center area of Invalides, facing the Grand Palais, along the river Seine, during an impressive gathering of more than 150.000, French Prime Minister Fillon, Ministers Alliot-Marie, Bachelot, Dati, Jouyet, Assembly's President Accoyer, Senate's Chair Poncelet, former 1st Lady Bernadette Chirac, former Prime Minister Raffarin, many foreign Ambassadors, and other political personalities were present. (While earlier, from the Socialist opposition, Paris' Mayor Delanoye, artist Robert Hussein a.o. assisted at the Elysee meeting).

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But the "Entry Song" focused on the "People chosen to become God's Friends". The September 11 mass was Dedicated to "Saint Chrysostomus, that great priest of Constantinople", with his "wonderful eloquence and great courage to face challenges", who "made out of despaired and godless people, a people of brothers", opening a possibility to "become all one complete entity", as Pope Benedict reminded.

- "Reason never enters in real contradiction with Faith", stressed Pope Benedict, who prepared his speeches for France during a short Summer rest at Brixen/Bressanone's Seminar, whose Library honors both "Faith and Science".. - "We must use not only our Reason, but also our Faith" : "Get away from Idolatry", "cupidity", "avidity for money, power or even knowledge deviating from essential aims", and other "falses appearances". and "build your Home on the Rock", "with the force that Holy Spirit gives to those who let it act in them", he said to the People of Paris.

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Benedict at Lourdes : - "Become Light (even) in the Dark !"
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- "Our World needs Hope", stressed Pope Benedict, addressing an impressive TorchLight procession at Lourdes' sanctuaries, where a Sea of Lights held by Hundreds of Thousands of People gathered at Pyrenee's Mountains from all over Europe astonishingly kept their flames despite a heavy Rain at a windy Dark Night...

- "150 years earlier (1858 - 2008), ..here, in the cave, ... a simple young girl, Bernadette .. saw a Light". "The everyday life of her Family was, however, made of Misery, Sadness, Sickness, Misunderstandings, Rejection and Poverty... It was hard to live in Jail". Today, "we think to all Human Beings who suffer : The innocent Victims who face Violence, War, Terrorism, Hunger, Injustices, Catastrophes, Hate and Oppression, Violations of Human Dignity and of their fundamental Rights, of their Liberty to act and think. We also think to those who face Familial problems, sufferings from Unemployment, Sickness, Infirmity, Isolation, or their situation as Immigrants, without forgetting those who suffer and die for the name of Christ", he said.

- "But the Shadows of the Earth, did not hinder Sky's Light to shine : <<The Light shines in the Dark>>" ..."A Way full of Light opens in Human History even in its Darkest moments" : ..."As Night falls, Christ tels us : <<- Keep your Lamps alight !>>."Hold a Light while walking in the Night .. sums up our condition as Christians on their way : "We need light, and we are called to become Light !", Benedict stressed to People setting in motion Lights, Flags and Songs with enthousiasm.

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"<<- She looked at me as a Person, who speaks to another Person>>, the poor girl had noted."Light emerges from such a Dialogue", stressed the Pope : "A small Flame called Hope, Compassion and Tenderness dwells inside those who return after being moved by Lourdes' experience". "Christ .. entrusts us with the Mission to let the Light of Charity shine : To make of our Prayers an Act of Love to our brothers and to Fraternal Charity", he concluded.

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