The Elders of the Constitutional Council will make two long-awaited decisions on Friday evening, one on the pension reform, the other on the shared initiative referendum.
The Constitutional Council is the supreme jurisdiction which establishes the conformity of a text with the Constitution. Legally, its decisions are indisputable. They have, by definition, the force of law. And there is something quite disturbing in seeing the pressure exerted on the institution, strikers dumping garbage cans in front of the entrance or an imposing cordon of police protecting the premises. Especially since for 50 years, the Council has reformed itself in an ever more democratic way. It can be seized by 60 deputies or 60 senators, and even by ordinary citizens, associations or unions since the introduction of priority questions of constitutionality in 2008.
Its members are not neutral, there have always been many former ministers. Currently Laurent Fabius, Alain Juppé, Jacqueline Gourault or Jacques Mézard. But that does not prevent them from censoring the political camps from which they come. For example the carbon tax in 2009, or Nicolas Sarkozy’s campaign accounts rejected in 2013, a prelude to the Bygmalion affair which earned the former president a conviction at first instance. So, it’s true, the Sages all have feelings, convictions, opinions. Like any magistrate or member of a popular jury. However, in matters of civil or criminal justice, the final decision is binding on everyone. Not recognizing the verdict of an assize court is threatening the balance of our democracy. Same thing with the Constitutional Council.
After the decision of the Council, the policy will resume its rights
The Council’s decision is binding from a legal point of view. But a law, even promulgated, can be challenged, peacefully, in the street by the unions (the right to demonstrate is a fundamental right), or in Parliament by the opposition, which can also meet voters at the next elections. .
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As for the government, if it is censured, nothing prevents it, while complying with the law, from submitting to Parliament a new text to push back the retirement age. Even if it is true that it would be politically quite perilous.