Marine Le Pen announced a referendum on immigration. The bill she presented on Tuesday, September 28, actually goes much further: it is a profound reform of several fundamental texts – including the first five articles of the Constitution – which substantially modifies the social pact based on equality. It intends to give a constitutional basis to “The national priority” and confine foreigners to “Functions, jobs or missions which cannot be exercised by nationals”.
Framed by former magistrate Jean-Paul Garraud and State Councilor Hervé Fabre-Aubrespy, who both put their hands to the text, the candidate of the National Rally (RN) for the presidential election of 2022 assured to present a “Solid thinking” against immigration but, she said, “Without calling into question the rule of law”, although it is a matter of overriding “Any rule of international or community law” which would be contrary to its text. In particular, it intends to empty the 1946 preamble of part of its content, by restricting the right to asylum – requests can only be made“Outside the national territory” and will only be allowed in a trickle fashion, as she suggested with regard to Afghan refugees – and by limiting, or even eliminating, family reunification and allowances for foreigners.
It is no longer a question of denouncing the European Convention on Human Rights, but of overriding its judgments on foreigners. The Constitutional Council will not have a say: “The sovereign is the people, repeated Mme The pen, and the Constitution must be the expression of its will. “ It is still up to the people, via the referendum, “To fill in the gaps or to modify a provision of the Constitution if it does not approve the interpretation which is made of it”. The President of the Republic will ensure, him, “To safeguard the identity and heritage of France”, which are not further defined.
A battery of very restrictive measures
Foreigners will obviously not be welcome. The bill directly alludes to the “big replacement” theory: “The policy conducted in the matter of immigration cannot result in the installation of a number of foreigners on the national territory likely to modify the composition and the identity of the French people. “
A battery of very restrictive measures follows: the regularization of a foreigner can only be decided in a council of ministers and ” exceptionally “. Foreigners in France will have to comply “To the French way of life” and “Assimilate to French society”; they will have to prove that they can ” support themselves ” ; have insurance to cover their medical care; students will be asked to return home at the end of their studies; binationals will be excluded from the civil service; undocumented migrants and foreign delinquents will be deported; the deprivation of nationality is reaffirmed; aid to foreigners is penalized.
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