On immigration, Les Républicains (LR) go far, at the risk of attacking the rule of law head-on. In order to “stop mass immigration”the leaders of LR announced In The Sunday newspaper, on May 21, their desire to modify the Constitution. It’s about registering “the possibility of derogating from the primacy of the treaties and of European law with an organic law, voted in the same terms by the two Assemblies or approved by referendum, when the fundamental interests of the nation are at stake »detailed Bruno Retailleau.
The president of the LR group in the Senate denies any idea of ”Frexit”, but wants to restore power to power on this specific question. “On immigration in particular, there is a form of democratic dispossession. The case law of the Supreme Courts is often that which determines migration policy and binds the different States”he develops.
But the idea is not new to his party. In the fall of 2021, Michel Barnier proposed, during the presidential primary, the idea of a “constitutional shield” to secure his proposal for a “immigration moratorium”. An amazing idea from a former European Commissioner. To believe that even “Barnier the European” agreed with the idea of a France hampered in terms of immigration by the decisions of the Court of Justice of the European Union (CJEU) and the European Court of human rights (ECHR).
In reality, there is a deeper movement on the right to attack European and national case law and the decisions of the Constitutional Council, the Council of State, and the Court of Cassation in the name of a national sovereignty in danger. M. Retailleau has long theorized this “silent legal revolution” and advances the idea that the rule of law and democracy came into conflict. “It’s a shortcutsays Xavier Bioy, professor of public law at Toulouse-Capitole University. By definition, the rule of law thwarts democracy. We are in a permanent balance between the two. The majority must be able to express themselves and choose, but always within a framework, that of fundamental rights and respect for minorities provided for by the Constitution and European human rights law. »
“There is no more power”
In 2016, Nicolas Sarkozy, former head of state, already denounced the “tyranny of minorities” against interest general. Today, Bruno Retailleau gives a revealing example, according to him: “When the ECHR, in 2009, said that we cannot deport a dangerous foreigner if his country of origin does not guarantee him a fair trial, should we first protect the dangerous foreigner or French society? On some decisions, there may be an ideological content to these case law. »
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