what can Emmanuel Macron do?

“Referendum”, the word was not pronounced by Emmanuel Macron during his wishes to the French for 2025 – he only mentioned the wish to ask citizens to “decide” on several “determining subjects” – yet the idea of organizing one or more this year is slowly maturing at the Elysée. “For as long as we have been talking about it”, underlines, a bit annoyed, a parliamentarian from the majority. Mentioned several times since his first mandate, this democratic tool has not yet been used by the Head of State. And the latest one, relating to the draft European Constitution, dates back to 2005.

“This is why we must take advantage of it,” continues this same elected official, proposing several questions.” Cleverly, this would prevent the vote from turning into a sanction vote against the policy pursued since 2017. What Emmanuel Macron’s entourage fears. At the Elysée we speak pompously of a “referenda” (plural of referendum). If this is indeed the option chosen by the president, it would be unprecedented under the Fifth Republic. The constitutional council, which according to our information should not reject this possibility, will nevertheless ensure the “clarity and sincerity of the vote”.

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The Wise Men will ensure the “clarity and sincerity” of the vote

Consulted at each stage of the process, the Wise Men will ensure “the regularity of operations” and “proclaim the results”, as explained in article 60 of the Constitution. If the electoral code does allow several referendums to be organized on the same day, they will pay particular attention to the organization of the vote and that of the media campaign (from the decree convening voters to the instructions given by Arcom). Thus, in order not to alter the judgment of the population, it could not be considered to multiply the questions on the same day or to hastily solicit the French (after two or three weeks of campaign only).

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Any proposal must first be based on a draft law. In 2005, voters had to decide on the one authorizing the ratification of the treaty establishing a constitution for Europe. And, the subjects addressed must imperatively relate 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 to it, or tending to authorize the ratification of a treaty which, without being contrary to the Constitution, would have an impact on the functioning of the institutions”, as provided for in Article 11.

Immigration may be the subject of a question

The range of possible subjects remains, however, vast. Thus, France’s migration policy – as regularly mentioned by right-wing elected officials – could be the subject of a question, according to our information. Requested in April 2024, the Wise Men had already judged partly admissible a bill aimed at reforming access to social benefits for foreigners, in view of which it bore “in the sense of article 11 of the Constitution, on a reform relating to the social policy of the nation. Modification of the referendum field is therefore not obligatory.

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The only justice of the peace is: “the Constitution, nothing but the Constitution, the whole Constitution”, to use the famous formula of François Mitterrand, on the eve of the first cohabitation, in 1986.