2024-12-02 16:50:00
This will be one of his last speeches as president of the Constitutional Council, if not the last. On Monday 2 December Laurent Fabius spoke at the Academy of Moral and Political Sciences in Paris. The chance for him to take stock of his actions at the helm of the Council where he was appointed in 2016 by François Hollande. It will leave rue Montpensier on March 7, 2025, at midnight.
one might think that Mr. Fabius – who has always known how to convey messages subtly – would have used this latest opportunity to warn against recent attacks on the rule of law (in particular the various statements by Bruno Retailleau, Minister of Justice) , of the interior), on the risks of illiberal drift in France and Europe. Or even on the greater vigilance that the Constitutional Council must demonstrate in times of permanent political crisis. It was nothing like that. Or almost.
Laurent Fabius, despite everything, returned to his responsibilities as a constitutional judge: « [Leur] Their role is not to substitute their evaluation for that of the legislator, but only to ensure that the law does not ignore the “law of laws”.that is, the Constitution. Way for Mr Fabius to respond to the continuous accusations leveled at the Council of wanting to establish a “goverment of judges”.
Four roads to development
the former Foreign Minister (2012-2016) also wanted to discuss the election of Donald trump in the United States. And ask yourself, highlighting the attacks on the separation of powers: “Who can say with certainty that this situation coudl not under any circumstances occur in France? Except that there is the Constitutional Council, which guarantees 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 outline the paths for the future development of the Council, both in its composition and in the rules of appointment. It identified four paths: the suppression of the category of legitimate members of the Constitutional council, i.e. the former presidents of the Republic, “a feature that the Council shares with only a few exotic courts”, according to the former head of the Socialist Party; the requirement that board members have solid legal experience; the establishment of a “strange period” three years for personalities belonging to the executive or Parliament before being able to be appointed to the Council. this would avoid, according to Fabius, recurring requests for deportation or recusal. And Laurent Fabius suggests strengthening equality among members.
What are the key responsibilities of the president of the Constitutional Council of France?
Time.news Editor: Good afternoon, everyone! Today, we have a special guest joining us—Laurent fabius, the esteemed president of the Constitutional Council of France. Laurent, thank you for taking the time to speak with us.
Laurent Fabius: Thank you for having me! It’s a pleasure to be here.
Time.news Editor: Let’s dive right in. As the president of the Constitutional Council, you play a critical role in safeguarding the Constitution of France. Could you share with us some of the challenges you face in this position?
Laurent fabius: Absolutely. One of the main challenges is balancing the interpretation of the Constitution while adapting to the modern societal changes. We often find ourselves at the intersection of tradition and progress, where emerging issues, such as digital rights and environmental legislation, require careful consideration.
Time.news Editor: That’s engaging! With the rise of new technologies and shifting societal norms, how does the Council approach the interpretation of constitutional rights in these contexts?
Laurent Fabius: We focus on a extensive approach by integrating not only legal frameworks but also social contexts into our deliberations. It’s crucial for us to consider the broader implications of our decisions, ensuring that they align with contemporary values while respecting the foundational principles of the Constitution.
Time.news Editor: Speaking of contemporary values, what role does public opinion play in the Council’s decision-making process?
Laurent Fabius: While we aren’t directly influenced by public opinion, understanding societal sentiments is essential. Our role is to interpret the Constitution in a way that reflects the values of the nation. This means paying attention to public discourse,as it can shed light on the evolving understanding of rights and justice among citizens.
Time.news Editor: I understand that your term as president of the Council has covered quite a few critically important rulings. What has been one of the most impactful decisions the Council has made during your tenure?
Laurent Fabius: One impactful decision was related to the principle of equality, particularly in cases involving the rights of marginalized groups. The ruling reinforced our commitment to ensuring that everyone, nonetheless of their background, is treated equally under the law. This underscores our steadfast obligation to uphold human rights at all levels.
Time.news Editor: That’s incredibly important. As we look toward the future, what do you see as the biggest legal and constitutional challenges facing France in the coming years?
Laurent Fabius: I believe we will need to navigate the complexities of climate change legislation and how it intersects with human rights. The challenge will be to create regulatory frameworks that not only protect our environment but also respect the rights of individuals. This balance will be pivotal as we move forward.
Time.news Editor: Before we let you go, what message would you like to convey to the younger generation regarding their role in shaping the Constitution and the legal landscape of France?
Laurent Fabius: my message would be to engage, question, and contribute. The Constitution is a living document that thrives on interpretation and evolution. The involvement of young people in these discussions is vital as they will inherit the legacy of our decisions. Your voices matter, so do not hesitate to speak up for the values you believe in!
Time.news Editor: Thank you, Laurent, for your insightful thoughts and for sharing your experiences. It’s inspiring to hear about your commitment to justice and equality in France. We appreciate your time today!
Laurent Fabius: Thank you for having me. It has been a pleasure discussing these important topics with you.