The announcement by the presidential group in the National Assembly of the filing of a constitutional law proposal caused the political class to react. From the center to the extreme right, some are wondering about the advisability or the usefulness of such a measure.
“It is nevertheless surprising that it is what is happening in the United States (…) which leads to a certain number of effervescent reactions in French political life.” François Bayrou, the leader of the MoDem, wondered, Sunday June 26, on the advisability of registering in the Constitution the right to abortion. After the decision of the US Supreme Court, which revoked this right on Friday, Ihas new president of the LREM group in the Assembly, Aurore Bergé, announced the filing of a proposal for constitutional revision to register “respect for abortion” in our basic law. Franceinfo returns to the motivation and the consequences of this proposal which is not unanimous within the political class.
A way to engrave the right to abortion in stone
To justify this proposal, Aurore Bergé raises the risk of a questioning of abortion in France : “Unfortunately, nothing is impossible and women’s rights are always fragile rights”has said MP LREM. According to her, including the right to abortion in the Constitution is a “guarantee that we must give to women”.
“We do not change the Constitution as we change the law.”
Aurore Bergé, patron saint of LREM deputieson France Inter
Including this right in the Constitution would be a way of protecting it and “to shelter him from the political majorities of circumstance”, estimated on France Inter Annabelle Pena, jurist and constitutionalist specializing in the field of fundamental rights. “Challenging this right would therefore require revising the Constitution, a cumbersome procedure”confirm to La Croix (article reserved for subscribers) Lisa Carayon, lecturer in law at the Sorbonne Paris 1.
In addition, including the right to abortion in the Constitution would allow the Constitutional Council to better control any text that would seek to limit it.
Questioned by France Inter, the professor of public law Gwénaële Calvès nevertheless judges “purely symbolic” this constitutionalization. According to her, “It’s a way of reacting to the emotion that gripped the whole world after the decision of the Supreme Court”.
A complex procedure with an uncertain outcome
This constitutionalization of the right to abortion cannot be done overnight. Article 89 of the Constitution details how the Basic Law can be revised. First, the text must be adopted in the same terms by the National Assembly and the Senate.
The rest of the procedure depends on the nature of the text studied. If it is a constitutional law proposal (that is to say of parliamentary origin, like that announced by Aurore Bergé), it will have to be approved by referendum. If the text is a draft constitutional law (i.e. on the initiative of the President of the Republic), the Head of State has two options : adoption by referendum, or by three-fifths of the parliamentarians (deputies and senators) meeting in Congress at Versailles.
The prospect of organizing a referendum on this subject worries, including among the supporters of a constitutionalization of abortion. Thus, the feminist activist Caroline Fourest said on France Inter dread “demonstrations that will recall those against marriage for all”.
Only 24 constitutional revisions have been completed since 1958, and none since 2008. Under Emmanuel Macron’s first five-year term, the reform of the Constitution desired by the Head of State (which notably provided for the reduction in the number of parliamentarians, the limitation of the accumulation of mandates over time and the increased use of referendums) could not see the light of day for lack of political consensus.
A proposal already formulated, without success
This idea is not new. In 2018, the deputies of the opposition, and in particular of La France insoumise, had proposed to include the right to contraception and abortion in the Constitution. It was aboutamendments resulting from the proposals of the High Council for Equality between women and men. But at the time, the deputies had rejected the initiative. “There is no need to brandish fears” in France with regard to questioning in foreign countries, had reacted Yaël Braun-Pivet, then president (LREM) of the law commission at the National Assembly, today candidate of the majority for the perch.
The next year, Luke Carvounas, then ddeputy PS and member of the delegation of the National Assembly for women’s rights, had in turn tabled a bill to include the right to abortion in the Constitution.
“I remember very well. We made this initiative coincide with the first anniversary of Simone Veil’s pantheonization.”
Luc Carvounas, mayor of Alfortville (Val-de-Marne) and former deputyat franceinfo
This 180 degree turn made by the presidential party on this issue makes the members of the Nupes smile today. “The president of the LREM group takes up this proposal that LREM parliamentarians had rejected on several occasions in the previous term of office”, noted in a statement the presidents of the left groups. However, they welcomed this “turnaround” and filed Monday 27 June a proposed constitutional law “sent for co-signature to all the deputies (…) with the exception of those of the National Rally”.
An idea that does not pack right
The proposal seems to achieve consensus between the presidential party and Nupes. But within the majority, François Bayrou made a dissonant voice heard, questioning the usefulness of this measure. “In the state the country is in, with all the questions we have before us, is it good, useful, to do this even though no political current in France is challenging the law? Veil and what she became ?” said the president of the Modem on BFMTV.
On the far right, the National Rally is opposed to this constitutionalization. “We are sovereignists, so we are not going to meddle in the affairs of others”implied from the United States, eluded party spokesman Philippe Ballard on Saturday on franceinfo.
“The Veil law, we don’t touch it.”
Philippe Ballard, RN deputy for Oiseat franceinfo
The proposal to constitutionalize abortion is not unanimous on the right either : “If we could avoid importing all the American debates into France, we would be rather better off”, said the new president of the LR group, Olivier Marleix. His Senate counterpart, Bruno Retailleau, who leads the largest group in the upper house, believes that “to hide their inability to solve the real problems of the country, the majority invents fictitious ones”.