the Constitutional Council is not there “to provide political services”, justifies its president Laurent Fabius

“In advanced democracies like ours, above the law, there is the Constitution,” said the president of the Constitutional Council, Laurent Fabius, Friday on France Inter.

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Laurent Fabius, President of the Constitutional Council, January 26, 2024 on France Inter.  (FRANCE INTER / RADIO FRANCE)

“The board [constitutionnel] is there not to provide political services, but to render a legal decision”justifies Friday January 26 on France Inter Laurent Fabius, president of the Constitutional Council, while the Wise Men censored a large part of the immigration law on Thursday.

This decision is strongly criticized by the right, and in particular by the LR president of the Auvergne-Rhône-Alpes region Laurent Wauquiez who denounces a “a coup d’état of law” in the columns of Parisian/Today in France. If he refuses to “getting into a controversy with this or that political leader”Laurent Fabius defends himself on France Inter. “It is very specific, including in History, to consider that those who are responsible, under the Constitution, for stating the law are carrying out a coup d’état against the law”he says.

The Sages “not guided by polls”

Laurent Fabius highlights the role of the Constitutional Council, considering that “in advanced democracies like ours, above the law, there is the Constitution”. He also responds to criticism of collusion made by the president of LR Éric Ciotti, evoking “independence” of the Wise. Laurent Fabius thus ensures that he does not have “never received any indication about matters dealt with by the Constitutional Council” from the two Presidents of the Republic elected since his appointment to the Council.

If he also recognizes that the immigration law could “gather a majority of support from the population” according to certain surveys, Laurent Fabius contests any idea of ​​influence and affirms that the Sages have not “were guided by the surveys”. “Otherwise, instead of the Constitutional Council, we must appoint the director of Sofres” [entreprise de sondages désormais baptisée Kantar TNS MB]he quips.

Take a “step back”

Generally speaking, Laurent Fabius does not seem surprised by the numerous criticisms that have been coming out since Thursday. He considers that certain decisions of the Constitutional Council often raise “some harsh and contradictory comments at the time, but after a while, the decision is made and accepted”. He therefore invites us to take “a little bit of perspective”.

The President of the Constitutional Council also recalls the circumstances in which the decision on the immigration law was rendered. He explains that originally the “government text contained 27 articles”before arriving at 86 articles after passage in the Senate. “Of these 86 articles, we censored 35” and he “51 remain which can be promulgated by the President of the Republic”, specifies Laurent Fabius. He also insists that it now belongs “up to Parliament or the government to take back or change this or that decision” of the law.


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