Emmanuel Macron issued on Monday the possibility of adopting some of the measures of the Citizen Climate Convention, by referendum. A possible referendum would be the first in France since the one who saw the victory of the “no” over the European Constitution in 2005.
Under the Fifth Republic, referendums were initiated by the President of the Republic on the proposal of the government or the Parliament.
For matters of national interest, the procedure is governed by two articles of the Constitution: article 11 – to adopt a bill – and article 89 – to revise the Constitution.
Emmanuel Macron plans on the one hand to use article 89 to “introduce the notions of biodiversity, environment, fight against global warming” in article 1 of the Constitution, as requested by the Convention.
For this, the President of the Republic wants to “initiate a debate in the National Assembly and the Senate with a view to constitutional reform” which he “wishes to see achieved by 2021”. “I am ready to resort to the referendum if it was then constitutionally possible after the vote of the Chambers”, he specifies, in accordance with article 89 which requires that the proposal for revision be first voted “by the two assemblies in identical terms ”.
The head of state, however, dismissed the request to rewrite the preamble to the Constitution to “place the environment above our other fundamental values”. Regarding the crime of ecocide, he cautiously said that he would study “with the support of jurists how this principle can enter French law while respecting our fundamental principles”.
Ten referendums of national interest since 1958
The President of the Republic also wishes to “leave open the possibility of conducting a referendum from 2021 on the basis of article 11 of the Constitution, on one or more texts of law incorporating” the proposals of the Convention. “I trusted you […], together we can also, at the time we choose, on subjects that might block, trust the French, “he explains to justify this procedure that the Convention did not ask him, emphasizing the importance of “leaving this option open”.
Also read: The ecological referendum, a sign of French democratic renewal
The President of the Republic “may submit to a referendum any bill relating to the organization of public authorities, to reforms relating to the economic or social policy of the nation and to the public services which contribute thereto, or tending to authorize ratification of a treaty which, without being contrary to the Constitution, would have repercussions on the functioning of the institutions ”, specifies article 11.
Since that of 1958 creating the Fifth Republic, France has known ten referendums of national interest. Two resulted in rejection: that of 1969 on Senate reform and regionalization, which had led to the resignation of General de Gaulle, and that of 2005 on the treaty establishing a Constitution for Europe.
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