Emmanuel Macron’s perilous constitutional revision | EUROtoday

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Emmanuel Macron visiting Nouméa, July 26, 2023.

There is now clearly no time to succeed in a political settlement on a brand new standing for New Caledonia inside the timetable desired by the federal government, that’s to say on the finish of the 12 months. The State hoped for an institutional mission earlier than December 31, with a view to a constitutional revision in March, and, if it didn’t attain a consensus, threatened to desk a minimum of an natural invoice on a degree that it considers pressing: the enlargement of the Caledonian citizens, for the provincial elections of 2024. These end result within the formation of the congress, the native Parliament – ​​as we speak with a slim pro-independence majority and whose mandate expires in May –, like that of the federal government, chaired by the independentist Louis Mapou.

Also learn the interview: Article reserved for our subscribers Gérald Darmanin: “We have decided to propose a project for New Caledonia”

The topic may be very delicate, as a result of it has been positioned, because the agreements of Matignon, in 1988, and particularly of Nouméa, in 1998, on the coronary heart of the delicate stability achieved by separatists and loyalists in New Caledonian establishments. The restricted electoral physique of the territory was outlined in 2007, beneath the presidency of Jacques Chirac – regardless of the opposition of a part of the best, on the Versailles Congress of 2008 -, then frozen. A derogation from common suffrage validated inside the framework of the French Constitution, in Title XIII, named “Transitional provisions on New Caledonia” : this title was, in line with the constitutional legislation specialist Guy Carcassonne, “the matrix of the Constitution of a State in the making”.

On a authorized stage, the query of unfreezing the electoral physique “arises in the light of the jurisprudence of the European Court of Human Rights and the United Nations covenants relating to civil and political rights”, explains Jean-François Merle, former advisor to François Mitterrand’s prime minister Michel Rocard (1988-1991) on the matter. Deprived of the best to vote, some 20,000 voters – together with grandchildren of oldsters born in New Caledonia – would thus be known as upon to take part within the 2024 election. The political problem arises from the truth that “the congress and provincial assemblies remain central elements of the self-determination process” opened by the final main political agreements.

Organic legislation, a really legally dangerous answer

The Council of State examined a request for an opinion from the federal government on the topic, Thursday, December 7, in a basic meeting. The topic had not been printed on the agenda and the opinion was given on December 9 within the biggest secrecy – uncommon precautions. The excessive administrative courtroom has, in line with our info, indicated {that a} constitutional revision is the best way to comply with.

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