For his final speech as president, Laurent Fabius recollects the position of the Constitutional Council | EUROtoday

This was to be certainly one of his final speeches as president of the Constitutional Council, if not the final. Monday, December 2, Laurent Fabius spoke to the Academy of Moral and Political Sciences in Paris. The alternative for him to take inventory of his motion on the head of the Council the place he was appointed in 2016 by François Hollande. He will depart rue Montpensier on March 7, 2025, at midnight.

One might assume that Mr. Fabius – who has all the time identified tips on how to convey messages in a refined manner – would have taken benefit of this closing alternative to warn of the current assaults towards the rule of legislation (particularly the assorted declarations of Bruno Retailleau, Minister of Justice). ‘inside), on the dangers of intolerant drift in France and Europe. Or even on the elevated vigilance that the Constitutional Council should show in occasions of everlasting political disaster. It was nothing of the type. Or nearly.

Laurent Fabius, regardless of all the things, returned to the obligations of constitutional judges: “ [Leur] role is not to substitute their assessment for that of the legislator, but only to ensure that the law does not ignore the “law of laws”that’s to say the Constitution. Way for Mr. Fabius to answer the common accusations aimed on the Council of wanting to ascertain a “government of judges”.

Four avenues for improvement

The former Minister of Foreign Affairs (2012-2016) additionally needed to debate the election of Donald Trump within the United States. And to marvel, highlighting the assaults towards the separation of powers: “Who can say with certainty that this situation could under no circumstances arise in France? Except that the Constitutional Council is there, which ensures respect for our Constitution and the rule of law. »

But Monday afternoon’s speech was above all an opportunity for the former prime minister of François Mitterrand (1984-1986) to provide avenues for future development of the Council, both in its composition and in the rules of appointment. He identified four avenues: the removal of the category of legal members of the Constitutional Council, namely former presidents of the Republic, a “characteristic that the Council shares only with a few exotic courts”, according to the former boss of the Socialist Party; the requirement for board members to have solid legal experience; the establishment of a “idd period” of three years for personalities belonging to the manager or Parliament earlier than with the ability to be appointed to the Council. Which would, in accordance with Mr. Fabius, keep away from recurring questions of deportation or recusals. And, lastly, Laurent Fabius suggests strengthening parity amongst members.

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