A theme hitherto overlooked emerges in the electoral campaign, that of the reform of institutions. Marine Le Pen wants to revise the Constitution by referendum, a tool of which she promises massive use. Cautious, Emmanuel Macron wants to bring political forces to the table to change the institutions.
Why not take inspiration from the American model of ” mid term »? In the weekly Point, Emmanuel Macron proposes to return to the election of the president every 7 years instead of 5, and to organize legislative elections in the middle of the mandate. This would make it possible to introduce, according to the president-candidate, a ” democratic breathing “.
However, this proposal does not appear in its programme. During his mandate, the head of state failed to reform the institutions: first because of the Benalla affair which stopped the examination of the text in 2018, then because of the opposition of the Senate. This time, Emmanuel Macron so don’t make big promises. Cautious, he undertakes to set up a trans-partisan commission responsible for agreeing on a reform which would then be submitted to the Assembly and the Senate. The objective would be to reinvigorate popular sovereignty “.
proportional
In Point, Emmanuel Macron also reaffirms his attachment to the Fifth Republic (“ In today’s world, you have to be able to decide quickly, loudly and clearly “) and reiterates that he is in favor of the introduction of proportional representation to elect deputies, including ” integral “.
Proportional is also what defends – for a long time – Marine Le Pen, whose party is represented by only six deputies in the National Assembly despite its electoral weight. She suggests that at least 2/3 of the deputies be elected in this way. She is also in favor of the return of the seven-year term, which she would like it to be non-renewable in order to give back to the Head of State “ its long acting capacity “. The seven-year term ended in 2002 following a reform desired by the former president Jacques Chirac.
Referendum
What the candidate of the National Rally also wants is a ” referendum revolution » : make it much easier to resort to referendums to settle social issues. This recourse would be facilitated both for the authorities and for the citizens through the establishment of the RIC, the citizens’ initiative referendum, a proposal defended by the Yellow Vests. A referendum would be organized as soon as 500,000 citizens requested it.
His most radical proposal, however, lies in his desire to revise the French Constitution to ” controlling migratory flows “. The candidate’s referendum bill is already written in a thematic booklet of its program. In particular, it provides for the abolition of jus soli in the acquisition of French nationality and introduces the ” national priority », ie discrimination between nationals and foreigners in access to social assistance.
Constitutional revision contested
Marine Le Pen proposes that this constitutional revision be done via a referendum by using article 11 of the Constitution which allows the adoption directly by referendum ” any bill relating to the organization of public powers, to reforms relating to the economic, social or environmental policy of the Nation and to the public services which contribute thereto. “.
Many jurists consider that this article does not allow to set up a referendum which revises the Constitution. Marine Le Pen refers to the 1962 referendum which made it possible to modify the Constitution by establishing the election of the president by direct universal suffrage. Lawyers highlight the evolution of case law which would make Marine Le Pen’s proposal impossible to pass. Except by going beyond the fundamental texts, which would amount to ” to destroy liberal democracy » explain some constitutional scholars.
This debate was invited in the campaign between the two rounds. Marine Le Pen held a press conference on Tuesday April 12 to detail the ” referendum revolution » which she calls for, wanting « speak to the people “. ” Changing the Constitution without respecting its rules “would be a” madness “, replied Emmanuel Macron, who believes that the candidate wants” turn things around “. ” We cannot change our Constitution by referendum. “, insisted the head of state on France 2.