With a push from Poland, French politicians line up to bash EU. Presidential candidates demand France assert primacy over EU law.

19 comments
  1. The debate is already closed: In France, constitution is over anything else.

    International treaties are just below. In practice, France don’t sign something that is against its constitution, or amend the constitution before signing the treaty.

    It would probably not be a good idea for Macron to declare the opposite in the middle of an energy crisis that should not have impacted French citizen, that’s being added to existing grudges a sizeable par of the population already feel toward EU.

    What Macron can declare is that Poland signed in bad faith.

  2. “In an attempt to burnish his credentials on immigration — a central theme of the election campaign — with the core conservative voters he needs to win his party’s nomination, he called last month for a referendum on the issue and said France must regain its “legal sovereignty” in order to no longer be subject to judgments on immigration by the Court of Justice of the European Union and the European Court of Human Rights (which is not an EU institution).

    (Yet after the Polish ruling, Barnier went on CNN to express his concerns about it. The irony was not lost on his opponents.)”

    Making France more sovereign on immigration makes sense but I think complete overhaul of this bullshit ultra-liberal immigration treaties would be even better. No one should have a right to claim asylum if they aren’t applying for it in their neighbouring countries.

  3. I thought that constitution is above EU law everywhere. That is why we in Czech Republic made an amendment for the right to bear arms after all. But maybe there are some parts of EU laws that are above constitution and most are not? Or how does it work?

  4. Okey so after France who’s next former empire on the *take-me-back-to-our-glory-days-boohoo-pay-me-attention* list that ruins everything for everyone with nostalgia and an overblown perception of self-importance. Is it you Portugal or it’s our turn?

  5. It’s a non problem.

    French Constitution states it’s Constitution first, European Treaties second, National Law third. There are precedents from the French Constitutional Court about this primacy order.

    There is no legal sovereignity to be recovered or whatever other far right bullshit because it was never lost to begin with. It’s creating an issue where there is none because of the elections.

    EU law primacy is a case law. It’s a decision taken by a handful of unelected dudes from an organisation with no sovereignity and delegated judiciary powers versus the democratic sovereign will of a people. The priority should be obvious.

    Those constitutions contradicting EU law primacy have been here for decades, and it never was a problem before.

  6. The Danish Supreme Court has also established that Danish authorities should not follow EU law if it’s against the Danish constitution. Why is this a problem all of a sudden?

  7. The problem has never been primacy of this or that, it’s the fact Poland modified its constitution to be directly contrary to treaties it signed *before* the modification. Each country can say whatever it wants about the primacy of this or that, but you can’t go directly against what you agreed to or you accept suffer the consequences. They want “le beurre et le cul de la crémière” as we say in France.

    And what French politicians want is not at all equal to what’s Poland is requesting, they want more liberty on certain policies (monetary, defense, energy, immigration, etc…) or at least having some majority rule on these subjects instead of being forced to negotiate with small countries, not going against the rule of law on basic rights. But it’s election year so discourses are really simplified.

  8. Sigh. I am starting to be really skeptical that we can make the EU work long-run. Alas, it will be hilarious to see European countries enjoying sovereignty in a world that includes China and the USA, especially the ones that have the population of a city (does not apply to France, but to most others).

  9. This defeats the purpose of the EU. It cannot function without law primacy. Also, every EU country agreed to this when it joined. If this is going to be trend it’s probably better to just dissolve the union.

  10. I am so sick of people short-sightedness and usual tribalism. Let’s just go back to the good old days when we were all dying every 20 years for Alsace-Lorraine, since apparently that’s what people long for.

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