Identifier
Created
Classification
Origin
05PARIS184
2005-01-11 09:42:00
UNCLASSIFIED
Embassy Paris
Cable title:  

CHANGES TO FRENCH CONSTITUTION REQUIRED

Tags:  PGOV SOCI PREL FR 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 PARIS 000184 

SIPDIS

SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET
DISTRIBUTION

STATE ALSO FOR EUR/WE, DRL/IL AND INR/EUC
DOL FOR ILAB

E.O. 12958: N/A
TAGS: PGOV SOCI PREL FR
SUBJECT: CHANGES TO FRENCH CONSTITUTION REQUIRED
FOR CONSIDERATION OF EU CONSTITUTION

Ref: 04 Paris 01928

SUMMARY
-------
UNCLAS SECTION 01 OF 02 PARIS 000184

SIPDIS

SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET
DISTRIBUTION

STATE ALSO FOR EUR/WE, DRL/IL AND INR/EUC
DOL FOR ILAB

E.O. 12958: N/A
TAGS: PGOV SOCI PREL FR
SUBJECT: CHANGES TO FRENCH CONSTITUTION REQUIRED
FOR CONSIDERATION OF EU CONSTITUTION

Ref: 04 Paris 01928

SUMMARY
--------------

1. (U) President Jacques Chirac has announced that
France will hold a referendum on the EU
Constitution "before summer". Before the
referendum can be held, however, the French
Constitution must be amended to insure that all of
its provisions are consistent with those of the
proposed EU Constitution. This cable summarizes
the proposed changes to the French Constitution.
The calendar for adopting these changes will be
reported septel. End Summary.

AMENDING THE FRENCH CONSTITUTION
--------------

2. (U) In his New Year's Eve address to the nation,
President Jacques Chirac announced that France
would hold a referendum on the EU Constitution
"before summer". The most likely dates for this
referendum are Sunday, June 5 or Sunday, June 12.
Before the referendum can be held, the French
Constitution must be amended to accommodate the
expanded powers of the European Union. At the
conclusion of his government's first cabinet
meeting of the new year, President Chirac said,
"The European project is at the heart of our
national interest. In choosing Europe anew, France
increases its chances for the future and gives
itself the means to have more weight in the world."

SHAPING THE AMENDMENTS TO MEET POLITICAL CONCERNS
-------------- --------------

3. (U) At that cabinet meeting, Justice Minister
Dominique Perben presented the government's
proposed amendments. Primarily, these amendments
aim at "harmonizing" the French Constitution with
the proposed EU Constitution. However, the
amendments' provisions are shaped so as to assuage
key constituencies: those who believe that Turkey
does not belong in the EU and those who believe
that the EU improperly encroaches on France's
sovereignty. The proposed amendments provide for a
referendum on eventual admission of Turkey to the
EU and they provide for recourse for the French
Parliament should it believe EU institutions have
violated the principle of subsidiarity.


4. (U) Perben's first proposed article focuses on
new procedures for amending the French Constitution
so it remains consistent with the proposed EU

Constitution, and makes clear that these amendments
will not come into force unless all member states
approve the EU Constitution. Perben's second
article follows up on Chirac's promise to let the
French people "have the last word" -- by referendum
-- on new members in the EU. The article will
apply to Turkey's bid for membership (should
accession talks succeed) and to all future bids for
membership beyond those of the current candidate
states.


5. (U) Perben's third article strengthens the
French Parliament's "powers of intervention" in
regard to EU legislation. According to the
proposed text, the French Parliament will have the
power to address its "considered opinion" to the
European Parliament when the former believes the
latter has violated the principle of subsidiarity.
The French Parliament will also have recourse to
the Community's Court of Justice. Finally, the
French Parliament will have the right to oppose the
process of "simplified revision" as allowed under
the current text of the proposed EU Constitution.

BALLADUR TO PROPOSE ADDITIONAL AMENDMENTS
--------------

6. (U) This "season" of constitutional amendments
is seen as propitious for introducing further
proposals to amend the French Constitution. Former
Prime Minister Edouard Balladur is leading a move
to redress the imbalance in power over foreign
affairs between the executive and legislative
branches. Under the Constitution of the Fifth
Republic, the legislative branch is almost wholly
confined to domestic affairs, thus leaving the
domain of foreign relations wholly to the
President. There is nothing in the 1958
Constitution that obliges the government to consult
with Parliament on international issues.


7. (U) Balladur, currently chairman of the
National Assembly's Foreign Affairs Committee, has
introduced an amendment to strengthen Parliament's
oversight prerogatives in external relations. The
main provisions of Balladur's proposed amendment
would require that the President of the Republic
send to the Parliament, at the request of the
latter, all communications with the European Union.
Currently, the President need only send to the
Parliament those proposals having to do with EU
legislation. Matters such as setting the date for
admission of new member states are wholly under the
President's purview over foreign relations.

GOVERNMENT OPPOSES BALLADUR AMENDMENTS
--------------

8. (SBU) President Chirac has forcefully criticized
the Balladur amendments, calling them a danger to
the separation of powers between the executive and
legislative branches of government. Prime Minister
Raffarin made clear the government's opposition to
any tinkering with the "Fifth Republic's
institutions" during the National Assembly's non-
voting debate on the decision to open accession
talks with Turkey (reftel).


9. (SBU) Balladur, a long-time Chirac rival,
remains adamant. He points out that when the
center-left was in the majority many on the center-
right supported similar proposals to bring EU
affairs into the Parliament's domestic affairs
purview. He also argues that his proposal does not
tamper with the institutional arrangement of power
since his proposal only gives the Parliament a way
to "voice an opinion" and not any power to amend or
reject Executive branch decisions in the area of
foreign affairs. Chirac senses, however, that the
Balladur amendment could become the "camel's nose
under the tent" that leads to further parliamentary
oversight of foreign affairs.

LEACH