In an interview that caused a stir, Yannick Jadot explained on France Inter that he was "not ready to set foot in a logic" of disobedience to European treaties.
This proposal signals “the end of the EU”, he says.
La France insoumise does not want to apply "standards incompatible with ecological and social commitments", such as the directive on the posting of workers or the budgetary rules.
"If all the States could derogate from European Union law on the basis of their national law, EU law would no longer have any effectiveness, no longer any interest", considers Cecilia Rizcallah, professor of European law at the Saint-Louis University in Brussels.
Will the European Union be the irreconcilable point that will prevent an agreement between La France insoumise and Europe-Ecologie-Les-Verts?
On France Inter, Tuesday April 26, Yannick Jadot explained why he could not support civil disobedience to the EU treaties, carried by the party of Jean-Luc Mélenchon.
“I am not for a system of à la carte Europe, indicated the former presidential candidate.
When we see the absolute necessity of a Europe of defence, when we see Europe which is going to ban a whole number of chemical molecules, only Europe can do that.
The rebellious MEP Manuel Bompard, the day before, had stressed on public radio that the Greens were ready to agree to disobey European rules, a position that Yannick Jadot does not share: "It will not be my point of view,” he replied.
Defending Europe "in the face of dictatorships, in the face of the collapse of life", he declared that he was "not ready to set foot in a logic which would mean that each country will choose the themes on which it is ready to have shared sovereignty”.
For him, the risk is too great that other nations could choose to disobey to the detriment of the rule of law or taxation.
"It's the end of the EU," he asserts.
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According to the lawyers we interviewed, disobeying the European treaties would create a dangerous situation for European integration.
This proposal would put an end to the primacy of European law over national laws.
As a reminder, EU law governs the free movement of goods, capital, people, the provision of services, then has been extended to asylum policies, environmental issues, transport, etc.
“It is perhaps for this reason that EU law raises more questions”, comments Tania Racho, doctor in European law at the University of Paris-2 and member of the legal fact-checking collective Les Highlighters.
But, on the basic principle, "if all States could derogate from European Union law on the basis of their national law, EU law would no longer have any effectiveness, no longer any interest", underlines Cecilia Rizcallah, professor of European law at Saint-Louis University in Brussels.
Get out of “standards incompatible with ecological and social commitments”
It also explains that the Member States are subject “equally to the obligations arising from EU law.
If each State can choose as it pleases which obligation it is subject to or not, these States would no longer be equal before EU law”.
"If each country applies this law differently, there will no longer be harmonization, uniformity of European law", agrees Tania Racho.
In its program, La France insoumise explains that it wants to disobey the European treaties, pending negotiations to modify them.
It is a question of "stopping the unilateral application of standards incompatible with ecological and social commitments such as the directive on the posting of workers, budgetary rules, competition rules, the free movement of capital", is it indicated in the program.
La France insoumise is not the only party to contest the primacy of European law, the Rassemblement National is also attacking it.
“A very dangerous signal for European integration”
“Disobedience to European rules goes against the principle of the primacy of European law, however, judges Cecilia Rizcallah.
This amounts to no longer respecting the rule of law and the legal obligations in force.
This would be a very dangerous signal for European integration.
This kind of talk is deadly for the EU,” she concludes.
The example given by the two jurists to illustrate this is that of Poland.
Since 2016 and the coming to power of the nationalist PiS (Law and Justice) party, a showdown has pitted Warsaw against Brussels over the reform of the judicial system which threatens the independence of Polish judges.
In October 2021, the Polish Constitutional Court questioned the primacy of European law over national rights.
He had ruled that the interpretation made by the Court of Justice of the European Union (CJEU) of the European treaties is, on certain points, incompatible with the Polish Constitution.
Last summer, the Court of Justice of the European Union ordered Warsaw to pay a penalty payment of one million euros per day.
“In the EU, there are governments that clearly show their intention to set up illiberal democracies, continues the professor of European law.
To hold this kind of speech is to prove them right.
For them, it is sometimes to discriminate against migrants, LGBT populations, undermine the independence of the judiciary.
And this is not something that we want in the European Union.
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The means of action of the European Commission
Admittedly, European law has never been perfectly applied by the Member States and there already exists, to a certain extent, a “Europe à la carte”, with commitments at various levels.
Derogations, or “opt-outs”, have also already been negotiated upstream of the treaties.
Denmark has chosen for thirty years not to engage in defense policy (a position which could change via a referendum due to the war in Ukraine).
“There is a Europe with variable geometry, but it is the exception, believes Cecilia Rizcallah.
The vast majority of EU law applies to all Member States.
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In the event of more frontal opposition, the European Commission has the means to act, as it was able to do by withholding funds intended for Poland or as the risk for Hungary.
By imagining a French scenario of disobedience to the treaties, “the European Commission or other Member States could bring infringement proceedings against France, details Cecilia Rizcallah.
The Court of Justice of the EU would recognize a violation of Union law and, to that extent, the Member States are obliged to comply with the judgments of the Court of Justice.
If the Member State continues to be recalcitrant, the Commission can return to the Court of Justice and ask to impose periodic penalty payments or fines.
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