Much of the program of the national gathering candidate depends on an illegal referendum which, if it imposed it anyway, would be “at the end of the coup”, according to several lawyers.
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The arguments of law certainly weigh in an election campaign, but if Marine Le Pen was elected to the Presidency of the Republic, it will have to finish well by rubbing. Especially since the point is decisive: the candidate of the national rally, sit down at the Elysee, intends to revise the Constitution to establish “a national priority” and save “16 billion euros” on benefits to foreigners – rather 6 billions in reality, according to our information. If it fails to impose its referendum, there may be a famous hole in its budget. However, this referendum is obviously unconstitutional, and to go into force would hold, according to several lawyers, of the “constitutional coup”.
The referendum bill on the national priority, already ficéelinated and made public, is strongly contrary to the Constitution: it strikes the Declaration of Human Rights of 1789, the preamble of the Constitution of 1946 (which are part of the block of constitutionality), and is contrary to at least six major articles of our fundamental law. Marine Le Pen does not say the opposite, and therefore hears changing the constitution.
This is obviously possible. There have been nineteen constitutional revisions under the v e repulse, but the procedure, provided for in the Article 89 , is heavy – and fortunately:” It should only be touched with a trembling hand, “said Montesquieu . The National Assembly and the Senate must first vote the draft revision in the same terms. The two chambers, congressed, then, must vote for a majority of three-fifths, or the project must be adopted by referendum – this was the case once, in 2000, to reduce the presidential term of five years.
Serious obstacle
This referendum provided for in Article 89 is out of reach for Marine Le Pen. Even if it obtained a majority in the Assembly, the Senate would never vote a compliant text – the Republicans group has 146 members on 348, and Marine Le Pen lost his only senator, spent Eric Zemmour. Remains another referendum, provided, by the Article 11 . General de Gaulle had used him twice in 1962 to elect the President of the Republic by universal suffrage and in 1969 to impose a reform of the Senate. The failure of the second had led to its resignation: the referendum still has a plebiscid dimension.
The maneuver, in 1962, had lifted a tolert. Gaston Monneville, President of the Senate and, originally, rather Gaullist, had spoken of “package” about Prime Minister Georges Pompidou, who signed the project. “Flatfare”, terrible word for an elected representative, which refers to the crime of a public agent in the performance of his duties.
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