It's a political headache. To remove land rights in Mayotte, a French department – without risking censorship from the Constitutional Council – President Emmanuel Macron chose to go through a revision of the fundamental law. But its adoption will require at least an agreement with the right, which may be tempted to up the ante on immigration.
See alsoMayotte: Gérald Darmanin promises the imminent end of land rights on the island
Why revise the Constitution?
Since 2018, nationality law has already been exempt in Mayotte. The possibility of becoming French when you have two foreign parents (at the age of majority or from 13 years old on request) is conditional on one of the parents having, on the day of birth, been present regularly for three months on French territory.
The Constitutional Council validated this difference in treatment based on article 73 of the Constitution which authorizes adaptations of the law for overseas communities, taking into account the characteristics of the archipelago faced with migratory flows. important.
But, with a suppression of the right of soil, "we would switch from a simple derogation to a complete division of the law of nationality in France according to the place of birth", commented, on X, Jules Lepoutre, professor of law at the Côte d’Azur University.
6/ With this revision, we would move from a simple derogation to a complete division of nationality law in France according to the child's place of birth.
— Jules Lepoutre (@JulesLptre) February 11, 2024
Consequently, if this change were adopted by an ordinary law, the Constitutional Council could consider it contrary to "the principles of indivisibility of the Republic and equality before the law" or/and consider that the law of the soil, which has was consecrated in France in the 19th century, is one of the "fundamental principles" of the Republic.
By going through a revision of the Constitution, the government thus avoids any possible censorship of Sages who do not rule on a constitutional law.
How to revise the Constitution?
The revision of the Constitution being carried out at the initiative of the executive, the latter must first present a bill. As he has already done on two other subjects: voluntary termination of pregnancy (abortion) and New Caledonia.
The text is then submitted, at least 6 weeks later, to a vote by the Assembly or the Senate. Then to that of the second bedroom, after a further period of at least 4 weeks.
The two hemicycles must approve an identical version, down to the comma, otherwise the debates restart for another round. Neither this parliamentary "shuttle", nor the right of elected officials to amend being limited, "there is no stopwatch" as the specialist Benjamin Morel summarized on France 2.
If deputies and senators find an agreement, the head of state can then submit it to a referendum, an option desired by the right and the far right on the migration issue.
But it seems unlikely that Emmanuel Macron will decide to consult all French people on a local situation. He should instead choose to seize Parliament, convened in Congress. In this case, a 3/5th majority is required to validate the reform, i.e. 555 votes if the 925 parliamentarians all vote for or against, only the votes cast being taken into account.
Who can we support to revise the Constitution?
Mathematically, a conforming vote of the Senate, dominated by the right and the center, and of the National Assembly, as well as the 3/5th majority in Congress, seem possible with the support of LR and RN parliamentarians.
The left has already announced that it would oppose a revision, both because it does not think that the law of the soil is the cause of emigration from the Comoros to Mayotte but also in the name of "equality rights" for Alexis Corbière (LFI) and for fear of "opening a Pandora's box" for Boris Vallaud (PS).
The right could for its part monetize its agreement in the Senate to a broader modification of the Constitution to take its revenge after the broad censure of the Constitutional Council of the immigration law. “We must abolish land law everywhere on the national territory!” demanded Éric Ciotti (LR).
Right-wing parliamentarians can also say "I vote for Mayotte if we limit family reunification...", underlines Benjamin Morel. “Ultimately, everyone can have a good reason to vote against: the left because we are undermining a fundamental principle, the right because we should go further,” he summarizes.
In the field
Mayotte remained largely blocked on Monday. The barges which connect Grande-Terre and Petite-Terre were still stopped and the blockades in place since January 22 in the four corners of the territory. “It is out of the question to lift the blockades for the moment,” Safina Soula, the president of one of the citizens' groups, told AFP in the morning. “We have agreed with the minister, we are waiting for written documents,” she said. “We are giving him until Wednesday to receive this letter (...) we will see if the content meets our expectations.”
On Sunday, Gérald Darmanin specified that a letter of commitment on the constitutional revision intended to abolish the right of soil should be sent at the beginning of this week to the collective of "living forces", which is leading the movement, and to local elected officials .
“I understood that after receiving this letter, the roadblocks would be lifted,” he anticipated.
With AFP
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