Can Marine Le Pen modify the Constitution by referendum?

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FRANCE 2

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A.Peyrout, O.Siou, C.Méral, B.Garguy-Chartier, D.Bonnet, B.Bervas – France 2

France Televisions

Presidential candidate Marine Le Pen wants to set up a referendum on immigration if she is elected. For this, it intends to begin by revising the Constitution by referendum. Is this legally possible?

The National Rally candidate for the presidential election Marine Le Pen wants to make the referendum the first means of implementing her policy. National priority, immigration: if she is elected, Marine Le Pen affirms that she will organize referendums on numerous subjects. However, this would have to begin with amending the Constitution. Is this legally possible?

To revise the Constitution by referendum, the candidate intends to go through Article 11 of the Constitution, which allows the President of the Republic to call a referendum, but exclusively on three themes: the organization of public authorities, economic and social reforms, or even to ratify international treaties. It therefore does not make it possible to modify the Constitution, and to use it for that would be a coup de force, according to many jurists. The only other possibility: Article 89, the only way to revise the Constitution by referendum. But the new text requires prior approval by Parliament.


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