29 May 2024
On Kanaks and Caldoches
Over the past week, the French electoral reform in New Caledonia precipitated into violent unrest. Although the French government lifted the state of emergency on Tuesday morning, in an attempt to initiate a process of de-escalation and to renew the dialogue with the independence movement, the reform will eventually move forward. Henceforth, France will further entrench its influence in the South Pacific and effectively deny the Kanak people to achieve their desired self-determination. Continue reading >>
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05 February 2024
Heightening the Repressive Dynamic
The new French Immigration Act was promulgated and published on 26th January 2024, the day after the Conseil Constitutionnel decision which censored 35 provisions in one of its longest decisions to date. The Conseil chose to emphasize the Constitution’s procedural requirements, while largely avoiding substantive analysis of the Act’s drastic reduction of foreigners’ rights. Indeed, it asserted the constitutionality or remained silent on many provisions that undercut foreigner’s rights. The Act as promulgated thereby constitutes the most repressive text since 1945 and heightens a migration restrictive dynamic. Continue reading >>
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11 October 2023
The French Republic’s (In)Divisibility
On Thursday 28 September 2023, French President Emmanuel Macron called, in front of the Corsican Assembly, for Corsica to be given ‘autonomy within the Republic’. The French government and Corsican elected representatives have six months to produce a text which, if approved by the Corsican Assembly, will serve as the basis for an amendment to the French Constitution. Nonetheless, the political reactivation of an old constitutional principle might get in the way. In particular, conservative parliamentarians can be expected to invoke the principle of the indivisibility of the Republic in the constitutional amendment process. Despite the principle’s long-standing presence in republican constitutional history, we argue that it cannot serve as a constitutional argument against Corsican autonomy, both because the Constitution allows amendments despite contradictory principles and because it has always tolerated a certain degree of divisibility. Continue reading >>
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01 May 2023
Gewaltenteilung vor Klimaschutz
Nach ihrem Pyrrhussieg in Sachen Rentenreform wurde der französischen Regierung Ende letzter Woche vom Verfassungsrat erneut der Rücken gestärkt. Anlass war ein Gesetzesentwurf zur Aufstockung des Militärbudgets als französische Reaktion auf den russischen Angriffskrieg. Verfassungsrechtlich ging es dabei um die Frage, wie intensiv Gesetzesfolgenabschätzungen gerichtlich zu kontrollieren sind. Ein Blick nach Paris lohnt sich auch vor dem Hintergrund des deutschen Bestrebens, einen „Klimacheck“ für Gesetze einzuführen, welcher vor ähnlichen verfassungsrechtlichen Schwierigkeiten stehen dürfte. Continue reading >>06 April 2023
Corporate Duty of Vigilance and Environment
On February 23, 2023, French bank BNP Paribas was sued before the civil tribunal in Paris for having allegedly breached its environmental duty of vigilance. In particular, deficiencies in the vigilance plan related to the allocation fundraising activities are criticized. This climate litigation, involving a French bank for the first time, could increase the liability of financial protagonists in the fight against climate change if it succeeded. Nevertheless, one may doubt that the case against BNP Paribas will prove to be successful, as previous ones – which had been introduced under the 2017 law of vigilance (LdV) – are all either pending or unsuccessful. Continue reading >>
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27 March 2023
Constitutional? Perhaps. Democratic? Not so much
The adoption of the Law on Retirement without a majority in the National Assembly has caused a huge uproar in France. The use by the executive of an article or two of the Constitution, as well as the combination thereof, is deemed constitutional until a competent organ says otherwise. And the only one who could, the Constitutional Council, will probably not say otherwise. But even if something is constitutional, that does not make it democratic. A look into the justifications given by the head of State and the head of Government stirs reflection on the relationship between the constitutional and democratic character of the proceedings. Continue reading >>
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22 March 2023
Big Brother is Watching the Olympic Games – and Everything Else in Public Spaces
The French National Assembly is currently debating the law on the 2024 Olympic and Paralympic Games. Despite its name, the law has more to do with security than with sports. In particular, Article 7 of the law creates a legal basis for algorithmic video surveillance, that is, video surveillance that relies on artificial intelligence to treat the images and audio of video surveillance cameras in order to identify human beings, objects, or specific situations. In other words, video surveillance cameras in France’s public spaces would now able to identify you and detect if your behaviour is suspicious. Continue reading >>
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14 July 2022
Terra Incognita for the Fifth French Republic
Undoubtedly, 19 June 2022 will make a mark in the history of the Fifth Republic. Not only did it mark the end of the “absolute majority” of the re-elected President’s party in the Chamber of Deputies, but it also brought about an upheaval in the political and institutional habits in force since 1958. One might be inclined to think that this new configuration will be favorable to dialogue and cooperation between the institutions of the Fifth Republic. One might even assume that the National Assembly, now composed of multiple political forces, will once again be a place for debate. June 2022 will certainly have sounded the death knell of French “presidentialism”, but the concomitant advent of such a divided Assembly will perhaps not favor the emergence of a renewed parliamentarism. Continue reading >>03 June 2022
The French Constitutional Council’s Problem with Impartiality
If only one example was needed to show the oligarchic nature of the French political system and the limited power of civil society, the game of musical chairs that was played between the Government and the Constitutional Council in the decision “Association La Sphinx” would be perfect. Two ministers directly involved in the drafting of the challenged policy were also judging the constitutionality of the legislative provisions they themselves brought forward. The Constitutional Council’s rules of procedure dismiss impartiality concerns in such cases. This management of conflicts of interests in this court is unacceptable. Continue reading >>
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