Immigration law: “The most likely scenario is what we call partial unconstitutionality”, estimates Thibaud Mulier, constitutionalist

The President of the Republic, Emmanuel Macron, has referred the matter to the Constitutional Council so that it can rule on the conformity of the text. What will remain of the immigration law after it has passed the constitutional chamber? According to Thibaud Mulier, constitutionalist and lecturer at Paris Nanterre University, “the most likely scenario is what we call partial unconstitutionality, part of the law will be able to be promulgated, amputated of articles or part of articles which will be declared non-compliant with the Constitution”.

“Political opportunism”

He states that a “a certain number of provisions appear to be unconstitutional”. For example, he mentions the “legislative riders”, those articles which have nothing to do with the subject of the law and could be censored for this reason. While other articles would be judged on the merits for “non-compliance with the principle of equality”.

So why did the majority knowingly push for this law? “I sincerely think this is political opportunism.says Thibaud Mulier. There was a political objective to adopt this law at all costs, but at the cost of knowing (…) that there were clearly unconstitutional provisions.” he continues.