The constitutional revision is complicated for Francois Hollande. His message to the address of the Senate majority right was not heard: in the Committee on Laws, senators reintroduced into the text the concept of disqualification reserved for binational, prohibiting statelessness, in accordance with speech Francois Hollande before Congress after the attacks of 13 November. They also diverted the pronouncement of the forfeiture by giving the government the care of the rule by decree, after assent of the Council of State. Finally, they booked the case of forfeiture to the authors of a crime for serious attack on the life of the nation, thereby excluding the most serious crimes.
The senators of the Committee on Laws s’ part of a totally opposite logic to that of the composite majority which adopted the text of the revision to the national Assembly. The latter, if it remains in the state after its consideration at the meeting, will not be identical to that of the National Assembly … The stage of the Congress of Versailles would be greatly compromised. The quagmire of constitutional reform is on track.
The senators themselves up as defenders of individual freedoms
Is it so serious? Not really, say the senators of the Committee on Laws, who question the need for such a review, as the current law appears to them enough. The chairman of the Law Committee of the Senate, Philippe Bas, noted that recent decisions of the Constitutional Council on the state of emergency measures showed that entrenchment was not necessary, except to further protect the freedoms individual.
It is with this concern that senators have therefore amended the provisions of the state of emergency as voted in the national Assembly. Limits on administrative police powers were raised, as well as Parliament’s oversight prerogatives of the Constitutional Council, the Council of State and the judiciary were strengthened during the state of emergency. administrative police measures were submitted to the principle of proportionality. Other amendments recall that the state of emergency can not oust the jurisdiction of the judicial authority, guardian of individual liberty. Finally, Parliament will discuss in open session of the state of emergency at any time, including a bill ending there.
The unlikely path to Congress
The Senate right therefore arose as the protector of individual freedoms. It differs from a part of the Republican group in the National Assembly, under the influence of Nicolas Sarkozy, had finally passed the revision of the deprivation of citizenship, although it no longer met the initial commitments of President Hollande. Recall that following a long internal controversy PS, Manuel Valls had finally accepted an emptied text of any legal significance. The project was then collected 317 votes “for”, notably with the support of 165 Socialist deputies and 111 deputies LR. Opponents numbered 199 with 83 votes from the Socialists (36 abstentions) and 74 LR voice (8 abstentions).
At the Elysee, one would take the right word Senate : since senators are libertarians, why then refuse to adopt strengthening the independence of the prosecution by the reform of the Supreme Judicial Council? This proposed constitutional amendment defended by François Hollande at the beginning of the quinquennium was suspended in July 2013, since it had been gutted by the Senate. So that the conditions for adoption by Congress of 3/5 was unlikely. Some question left: should we put it on the carpet? At this point, no one thinks to give the floor to the French people by referendum.
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