US embassy cable - 05PARIS184

UNCLAS SECTION 01 OF 02 PARIS 000184 
 
SIPDIS 
 
SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET 
DISTRIBUTION 
 
STATE ALSO FOR EUR/WE, DRL/IL AND INR/EUC 
DOL FOR ILAB 
 
E.O. 12958: N/A 
TAGS: PGOV, SOCI, PREL, FR 
SUBJECT: CHANGES TO FRENCH CONSTITUTION REQUIRED 
FOR CONSIDERATION OF EU CONSTITUTION 
 
Ref: 04 Paris 01928 
 
SUMMARY 
------- 
1. (U) President Jacques Chirac has announced that 
France will hold a referendum on the EU 
Constitution "before summer".  Before the 
referendum can be held, however, the French 
Constitution must be amended to insure that all of 
its provisions are consistent with those of the 
proposed EU Constitution.  This cable summarizes 
the proposed changes to the French Constitution. 
The calendar for adopting these changes will be 
reported septel.  End Summary. 
 
AMENDING THE FRENCH CONSTITUTION 
-------------------------------- 
2. (U) In his New Year's Eve address to the nation, 
President Jacques Chirac announced that France 
would hold a referendum on the EU Constitution 
"before summer".  The most likely dates for this 
referendum are Sunday, June 5 or Sunday, June 12. 
Before the referendum can be held, the French 
Constitution must be amended to accommodate the 
expanded powers of the European Union.  At the 
conclusion of his government's first cabinet 
meeting of the new year, President Chirac said, 
"The European project is at the heart of our 
national interest.  In choosing Europe anew, France 
increases its chances for the future and gives 
itself the means to have more weight in the world." 
 
SHAPING THE AMENDMENTS TO MEET POLITICAL CONCERNS 
--------------------------------------------- ---- 
3.  (U) At that cabinet meeting, Justice Minister 
Dominique Perben presented the government's 
proposed amendments.  Primarily, these amendments 
aim at "harmonizing" the French Constitution with 
the proposed EU Constitution.  However, the 
amendments' provisions are shaped so as to assuage 
key constituencies: those who believe that Turkey 
does not belong in the EU and those who believe 
that the EU improperly encroaches on France's 
sovereignty.  The proposed amendments provide for a 
referendum on eventual admission of Turkey to the 
EU and they provide for recourse for the French 
Parliament should it believe EU institutions have 
violated the principle of subsidiarity. 
 
4.  (U) Perben's first proposed article focuses on 
new procedures for amending the French Constitution 
so it remains consistent with the proposed EU 
Constitution, and makes clear that these amendments 
will not come into force unless all member states 
approve the EU Constitution.  Perben's second 
article follows up on Chirac's promise to let the 
French people "have the last word" -- by referendum 
-- on new members in the EU.  The article will 
apply to Turkey's bid for membership (should 
accession talks succeed) and to all future bids for 
membership beyond those of the current candidate 
states. 
 
5.  (U) Perben's third article strengthens the 
French Parliament's "powers of intervention" in 
regard to EU legislation.  According to the 
proposed text, the French Parliament will have the 
power to address its "considered opinion" to the 
European Parliament when the former believes the 
latter has violated the principle of subsidiarity. 
The French Parliament will also have recourse to 
the Community's Court of Justice.  Finally, the 
French Parliament will have the right to oppose the 
process of "simplified revision" as allowed under 
the current text of the proposed EU Constitution. 
 
BALLADUR TO PROPOSE ADDITIONAL AMENDMENTS 
----------------------------------------- 
6. (U) This "season" of constitutional amendments 
is seen as propitious for introducing further 
proposals to amend the French Constitution.  Former 
Prime Minister Edouard Balladur is leading a move 
to redress the imbalance in power over foreign 
affairs between the executive and legislative 
branches.  Under the Constitution of the Fifth 
Republic, the legislative branch is almost wholly 
confined to domestic affairs, thus leaving the 
domain of foreign relations wholly to the 
President.  There is nothing in the 1958 
Constitution that obliges the government to consult 
with Parliament on international issues. 
 
7.  (U) Balladur, currently chairman of the 
National Assembly's Foreign Affairs Committee, has 
introduced an amendment to strengthen Parliament's 
oversight prerogatives in external relations.  The 
main provisions of Balladur's proposed amendment 
would require that the President of the Republic 
send to the Parliament, at the request of the 
latter, all communications with the European Union. 
Currently, the President need only send to the 
Parliament those proposals having to do with EU 
legislation.  Matters such as setting the date for 
admission of new member states are wholly under the 
President's purview over foreign relations. 
 
GOVERNMENT OPPOSES BALLADUR AMENDMENTS 
-------------------------------------- 
8. (SBU) President Chirac has forcefully criticized 
the Balladur amendments, calling them a danger to 
the separation of powers between the executive and 
legislative branches of government.  Prime Minister 
Raffarin made clear the government's opposition to 
any tinkering with the "Fifth Republic's 
institutions" during the National Assembly's non- 
voting debate on the decision to open accession 
talks with Turkey (reftel). 
 
9.  (SBU) Balladur, a long-time Chirac rival, 
remains adamant.  He points out that when the 
center-left was in the majority many on the center- 
right supported similar proposals to bring EU 
affairs into the Parliament's domestic affairs 
purview.  He also argues that his proposal does not 
tamper with the institutional arrangement of power 
since his proposal only gives the Parliament a way 
to "voice an opinion" and not any power to amend or 
reject Executive branch decisions in the area of 
foreign affairs.  Chirac senses, however, that the 
Balladur amendment could become the "camel's nose 
under the tent" that leads to further parliamentary 
oversight of foreign affairs. 
 
LEACH