the stakes of the decision of the Constitutional Council for the government

The wise men make public their decision on the immigration law on Thursday. A highly anticipated decision, firstly by the executive, according to which certain provisions of this law are “manifestly and clearly contrary to the Constitution”.

It is on Thursday January 25, from 4:30 p.m., that the Constitutional Council makes public its decision on the immigration law. Emmanuel Macron himself contacted the Council after the adoption of this controversial text on December 19, as did the President of the Assembly, Yaël Braun-Pivet, and left-wing parliamentarians. More original, the Head of State and his Minister of the Interior affirmed that certain provisions of this law are “manifestly and clearly contrary to the Constitution”, according to the terms used by Gérald Darmanin. A law nevertheless approved by the majority.

“Politics is not about being a lawyer before lawyers, the Minister of the Interior explained to the Senate. The work of the Constitutional Council will do its job”. Certainly, but this baroque attitude, of approving measures that we consider unconstitutional, shows to what extent this cobbled together text is the fruit of a bargain with the right. The government wanted an agreement with the Republicans (LR) at all costs… And even on anything!

Certain measures could therefore be censored by the Constitutional Council, but we must be extremely careful, the law is not a matter of prognosis. The main issue concerns the time limit imposed on foreigners in a legal situation before being able to receive certain so-called non-contributory social benefits, in particular family allowances. A foreigner will now have to wait five years if he does not work, half as long, 30 months, if he works, to be able to receive this benefit. The tightening of the conditions for family reunification, such as the acquisition of French nationality and the establishment of annual migratory quotas by Parliament could also be in the sights of the Sages.

Censorship could give the RN something to grind

Left-wing parties and unions marched last weekend to demand the repeal of the text. And Nupes denounces the penalization of the minds of the majority accused of having rallied to the principle of “national preference” supported by the extreme right. Censorship of the Council would delight the left, ease internal tensions within the majority and relieve the government.

But paradoxically, censorship could also give fodder to the National Rally (RN) which is specifically calling for a revision of the Constitution on immigration. By recalling the law, the Council can calm minds for a while. It will not permanently extinguish the escalation on this theme where it is the extreme right which sets the tone.