After the adoption of the text of the immigration law on Tuesday, December 19, the Prime Minister explained that the law would undoubtedly “end up evolving”. What is the role of the Constitutional Council?
The head of government, Élisabeth Borne, and the President of the Republic, Emmanuel Macron, welcome the adoption of the immigration law on Tuesday, December 19. On France Inter, the Prime Minister expressed her “feeling of duty accomplished”. On the set of C à Vous, the President of the Republic assured that the law, which “the French were waiting for”, was “a shield which we lacked”. The text, however, fractured the majority of the government: 59 deputies abstained or voted against. The Minister of the Interior, Gérald Darmanin, warned of a law “manifestly and clearly contrary to the Constitution”. Élisabeth Borne also admitted that certain points of the law are probably contrary to the Constitution. Emmanuel Macron declared that he “did not like” certain measures without judging them to be “contrary to our values”.
The principle of equality requested
As soon as the law was adopted, the President of the Republic immediately referred it to the Constitutional Council. In the context of the immigration law which illustrates an inter- and intra-party political conflict, the Constitutional Council plays the role of arbiter. Parliamentarians and the executive rely on him to resolve their differences around this text. Numerous constitutional principles could lead to partial or non-partial censorship of this law. The principles of equality and fraternity should be engaged. The principle of equality prohibits treating identical situations in different ways. However, with regard to access to social benefits and labor law, the law may not be in agreement with this principle of equality.