Richard Ferrand’s Presidency of the Constitutional Council: A Worthy Successor
Introduction:
The appointment of Richard Ferrand to the presidency of the Constitutional Council marks a continuation of a tradition: his predecessors, Laurent Fabius and Jean-Louis Debré, both hailed from the presidency of the National Assembly. Ferrand’s experience in that role has undoubtedly equipped him for his new responsibilities.
The Political Dimension of Constitutional Review:
Since the Liberté d’Association decision of 1971, the Constitutional Council has assumed a significant political role. By recognizing its authority to identify "fundamental principles recognized by the laws of the Republic" and to invoke the Declaration of the Rights of Man and of the Citizen of 1789 to judge laws unconstitutional, the Council’s decisions have taken on a distinctly political dimension. Fabius himself has referred to the Council as a "cannon pointed at Parliament."
Ferrand’s Qualifications:
Despite not being a legal professional, Ferrand’s background as a "serviteur de la République" qualifies him for this position. His experience as President of the National Assembly has provided him with valuable insights into the political and legal processes of lawmaking. Furthermore, Ferrand has expressed a deep understanding of the Constitutional Council’s role in safeguarding fundamental rights and democratic principles.
The Precedence of Non-Lawyers:
It is notable that several previous presidents of the Constitutional Council have not been lawyers by profession. Fabius was a political scientist, while Debré held degrees in economics and political science. This diversity reflects the recognition that the Council’s role extends beyond mere legal interpretation to encompass broader constitutional and political considerations.
The Importance of Impartiality:
While Ferrand’s political experience may raise concerns about potential bias, it is crucial to emphasize that the Constitutional Council’s independence is paramount. Its members are appointed for non-renewable nine-year terms, ensuring their immunity from political pressures. Moreover, Ferrand has repeatedly pledged to uphold the Council’s impartiality and to approach each case with objectivity.
Conclusion:
Richard Ferrand’s appointment to the presidency of the Constitutional Council is a fitting choice. His experience in the National Assembly, his understanding of constitutional principles, and his commitment to impartiality make him a worthy successor to his predecessors. The Council’s critical role in safeguarding democratic freedoms and the rule of law will be in safe hands under his leadership.
