2023-11-17 15:00:16
Jacques Toubon, former minister of justice, in a café in Paris, November 16, 2023. CAMILLE MILLERAND / DIVERGENCE POUR “LE MONDE”
On the eve of a new meeting between Emmanuel Macron in Saint-Denis (Seine-Saint-Denis) with party leaders, the Prime Minister and the presidents of the two assemblies, during which must be discussed “expanding the scope of the referendum in order to allow our fellow citizens to vote on major questions”according to the Elysée, the former Minister of Justice of Jacques Chirac and former Defender of Rights Jacques Toubon calls on the executive power “not to slip” in “opening the floodgates”.
Emmanuel Macron brings together again, Friday November 17, in Saint-Denis, several leaders of the political parties represented in Parliament. What do these meetings in Saint-Denis inspire in you?
They have an ambiguous character: they have both a private, closed character, which normally allows everything to be said, and a public character, since they take place in order to then be able to talk about them. The real problem that arises is bringing together the representatives of the political parties. Who is still in the parties today? We can clearly see, across the entire chessboard, that they are reduced to their simplest expression. The political structures are weak and the people who speak on behalf of these structures are not prominent. I believe that the difficulty in French political life is this sort of institutional evanescence.
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If the “representatives” no longer represent, is it not logical to resort to referendums on social issues, as proposed by the President of the Republic?
No, because that would be an uncontrolled slide. Currently, the Constitution allows the use of referendums under strict conditions, well regulated by articles 11 and 89, but which cannot relate to social issues. Lacking people capable of expressing what the French want, we suggest asking them: “Do you prefer red tomatoes or green tomatoes?” » But if we open up to social issues, we change the political regime. We can clearly see that the power of Parliament, and in general of intermediary bodies, including local elected officials, will be annihilated by these abilities to resort to referendums on all subjects.
The second consequence is that on this type of question, the answer can only be populist. It will be constituted by a movement of opinion, which will result in a majority vote during the referendum. It’s a “yes or no” position, “Are you for or against?” “. What Eric Ciotti is asking for [président du parti Les Républicains] today is not a referendum asking, “Do you approve of the immigration bill?” “, but a referendum asking: “Are you for or against the entry of foreigners into France? » But when we open the referendum under these conditions, what happens afterwards, if the French respond “against”?
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