Immigration law: which provisions of the text could pose a problem before the Constitutional Council?


Alexis Delafontaine / Photo credit: Magali Cohen / Hans Lucas / Hans Lucas via AFP

This Wednesday, the day after Parliament adopted the immigration bill, President Emmanuel Macron will transmit the text to the Constitutional Council. According to Gérald Darmanin himself, part of this law, tougher compared to its initial version, could be reversed.

A law passed, without recourse to 49.3, but a majority on the verge of implosion the day after the adoption of the immigration bill. This text, toughened compared to the initial version and incorporating several elements wanted by the right, caused significant turbulence within the macronie, more divided than ever between the left wing, several members of which refused to vote for the text , and the right wing very satisfied with its adoption.

Emmanuel Macron is therefore trying to regain control, including on the substance of the matter. The law will be transmitted to the Constitutional Council this Wednesday, because according to Gérald Darmanin himself, certain provisions could be challenged. “Of course, there are still questions regarding this text. Everyone knows, and I want to say it here, Mr. Chairman of the Law Commission, measures are manifestly and clearly contrary to the Constitution,” declared the Minister of the Interior.

A legislative rider

The tenant of Place Beauvau refers to three provisions in particular. First, the multi-year quotas voted by Parliament, but also the reestablishment of the offense of illegal residence or even the tightening of family reunification. These three measures are considered, in high places, as a legislative rider, in other words proposals that are too far from the initial subject.

In reality, Emmanuel Macron wants to soften the text and “withdraw certain concessions made to the Republicans” to try to appease his majority and prevent this political crisis from getting bogged down.



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