This is one of the conditions accepted by the left-wing parties within the framework of the People’s Ecological and Social Union. La France insoumise (LFI) succeeded in bringing together, in view of the legislative elections, the Communist Party (PC), the Socialist Party (PS) and Europe-Ecologie-Les Verts (EELV), in an agreement which notably evokes disobedience to certain treaties of the European Union. “We will have to be ready to disobey certain European rules (in particular economic and budgetary such as the stability and growth pact, competition law, the productivist and neoliberal orientations of the Common Agricultural Policy, etc.)”, says the joint press release between EELV and LFI.
The lexicon differs a little in the common text of the Insoumis and the socialists. “We are talking about disobeying for some, of derogating temporarily for others, but we are aiming for the same objective: to be able to fully apply the shared program of government and thus respect the mandate that the French have given us”, is it written.
This potential disobedience “is not going to go well”, slice Olivier Costa, political scientist and researcher at the CNRS, interviewed by L’Express. According to him, the refusal to respect European law could lead to a slow disintegration of the European Union, to the isolation of France on the continent and even to a “Frexit”, an exit of France from the European system.
L’Express: What form can this disobedience advocated by the left, just united in view of the legislative elections, take?
Oliver Costa: This will simply result in the fact that we cease to respect European law, that is to say that France will put in place illegal things by adopting laws contrary to European law. And it’s going to be bad. The European Union is a system based only on law. This is a feature that has been well respected so far compared to other international organizations. There is a very restrictive monitoring mechanism and French justice must apply European law as it applies French law.
What consequences could then result from such disobedience of the law? for France ?
If it is not respected, the European Commission responsible for verifying its proper application will contact the administration concerned, then the minister responsible for the subject concerned, and finally there will be an appeal before the Court of Justice which will then decide. It will then be able to sanction the country, in particular via fines, as is the case for example in Poland today.
The whole system is based on respect for the law. If France begins to ignore it, one can easily estimate that the system risks exploding in full flight. It’s a bit like a roommate where one of the tenants would stop doing the dishes: the others wouldn’t risk continuing to impose the task on themselves. Thus, other countries will follow the example and stop respecting the laws that do not suit them, while the whole European Union is based on a logic of compromise. It holds because everyone respects the law.
According to LFI officials, such as Marion Aubry, France’s status within the EU would somehow protect it from too heavy sanctions…
It is true that it is easier for France, but it is a very cynical vision of the thing. In this roommate, it’s as if the fittest stopped doing the dishes to the detriment of the others. Yes, they will surely be more patient with France given the weight it has in the system, its geographical and economic situation.
But European institutions are based on the goodwill and good faith of governments. The United Kingdom has always been exemplary in respecting European law, and if Brexit took place, it is because the country failed to obtain what it wanted. This desire for disobedience is a very short-sighted policy. Permanently, it will not work.
Can’t France find allies within the European Union to stand up?
On a number of issues, it does have allies. But the goal is to find a new system, not to disobey the existing one. The method would be to establish a real coalition with more debate, not to stop applying the law. The countries governed by the left are more in a logic of pushing the files which interest them, and not of not respecting what does not suit them. France is not going to find many national politicians motivated to go against the law.
Moreover, it is a false view to say that the European Union imposes contrarieties external to French law. European law is the result of laws that countries have agreed to adopt together. On ecology, for example, it is possible to adopt more stringent environmental standards than those enacted by the European Union. This is the case in the Nordic countries. Spain was also able to freeze energy prices with the authorization of the European Union. Other routes are therefore possible.
Is France in danger of isolating itself until Frexit?
Several options can be put in place in the event that France ceases to respect European law. The first is the blocking of European institutions. The second: a domino effect where other countries will also stop respecting the laws that do not suit them, which can lead to the slow disintegration of the European Union. Finally, the other members can unite, as was the case for Brexit. Especially since the attitude of Jean-Luc Mélenchon for years towards Germany, which consists in putting all the responsibility for the difficulties on their backs, has created a feeling of bitterness. The 26 thus risk forming a bloc together and France would find itself isolated, with Frexit as the only solution.
Is this program of disobedience really possible today?
No, it will not be applied. The Socialist Party and EELV rallied to it in contradiction with their own commitments, their own line. This agreement is only possible because everyone knows that there will be no leftist majority in the National Assembly. The real issue for the parties is the division of constituencies to obtain seats in the Assembly.