how and why modify the Constitution? | EUROtoday

Published on : 02/12/2024 – 4:16 p.m.Modified : 02/12/2024 – 4:27 p.m.

5 minutes

It's a political headache. To take away land rights in Mayotte, a French division – ​​with out risking censorship from the Constitutional Council – President Emmanuel Macron selected to undergo a revision of the elemental regulation. But its adoption would require at the very least an settlement with the fitting, which can be tempted to up the ante on immigration.

See additionallyMayotte: Gérald Darmanin guarantees the approaching finish of land rights on the island

Why revise the Constitution?

Since 2018, nationality regulation has already been exempt in Mayotte. The chance of changing into French when you may have two international dad and mom (on the age of majority or from 13 years previous on request) is conditional on one of many dad and mom having, on the day of beginning, been current commonly for 3 months on French territory.

The Constitutional Council validated this distinction in therapy based mostly on article 73 of the Constitution which authorizes diversifications of the regulation for abroad communities, bearing in mind the traits of the archipelago confronted with migratory flows. vital.

But, with a suppression of the fitting of soil, “we would switch from a simple derogation to a complete division of the law of nationality in France according to the place of birth”, commented, on X, Jules Lepoutre, professor of regulation on the Côte d’Azur University.

Consequently, if this alteration had been adopted by an odd regulation, the Constitutional Council might contemplate it opposite to “the principles of indivisibility of the Republic and equality before the law” or/and contemplate that the regulation of the soil, which has was consecrated in France within the nineteenth century, is likely one of the “fundamental principles” of the Republic.

By going via a revision of the Constitution, the federal government thus avoids any attainable censorship of Sages who don’t rule on a constitutional regulation.

How to revise the Constitution?

The revision of the Constitution being carried out on the initiative of the chief, the latter should first current a invoice. As he has already accomplished on two different topics: voluntary termination of being pregnant (abortion) and New Caledonia.

The textual content is then submitted, at the very least 6 weeks later, to a vote by the Assembly or the Senate. Then to that of the second bed room, after an extra interval of at the very least 4 weeks.

The two hemicycles should approve an similar model, right down to the comma, in any other case the debates restart for an additional spherical. Neither this parliamentary “shuttle”, nor the fitting of elected officers to amend being restricted, “there is no stopwatch” because the specialist Benjamin Morel summarized on France 2.

If deputies and senators discover an settlement, the pinnacle of state can then submit it to a referendum, an possibility desired by the fitting and the far proper on the migration concern.

But it appears unlikely that Emmanuel Macron will determine to seek the advice of all French individuals on an area scenario. He ought to as an alternative select to grab Parliament, convened in Congress. In this case, a 3/fifth majority is required to validate the reform, i.e. 555 votes if the 925 parliamentarians all vote for or towards, solely the votes solid being taken into consideration.

Who can we help to revise the Constitution?

Mathematically, a conforming vote of the Senate, dominated by the fitting and the middle, and of the National Assembly, in addition to the three/fifth majority in Congress, appear attainable with the help of LR and RN parliamentarians.

The left has already introduced that it might oppose a revision, each as a result of it doesn’t suppose that the regulation of the soil is the reason for emigration from the Comoros to Mayotte but in addition within the identify of “equality rights” for Alexis Corbière (LFI) and for concern of “opening a Pandora's box” for Boris Vallaud (PS).

The proper might for its half monetize its settlement within the Senate to a broader modification of the Constitution to take its revenge after the broad censure of the Constitutional Council of the immigration regulation. “We must abolish land law everywhere on the national territory!” demanded Éric Ciotti (LR).

Right-wing parliamentarians may say “I vote for Mayotte if we limit family reunification…”, underlines Benjamin Morel. “Ultimately, everyone can have a good reason to vote against: the left because we are undermining a fundamental principle, the right because we should go further,” he summarizes.

In the sector

Mayotte remained largely blocked on Monday. The barges which join Grande-Terre and Petite-Terre had been nonetheless stopped and the blockades in place since January 22 within the 4 corners of the territory. “It is out of the question to lift the blockades for the moment,” Safina Soula, the president of one of many residents' teams, instructed AFP within the morning. “We have agreed with the minister, we are waiting for written documents,” she mentioned. “We are giving him until Wednesday to receive this letter (…) we will see if the content meets our expectations.”

On Sunday, Gérald Darmanin specified {that a} letter of dedication on the constitutional revision supposed to abolish the fitting of soil needs to be despatched in the beginning of this week to the collective of “living forces”, which is main the motion, and to native elected officers .

“I understood that after receiving this letter, the roadblocks would be lifted,” he anticipated.

With AFP