France, one and indivisible: an evolving reality (continued)

Hello everyone,

The APROFED association is back with you again this week on the theme of the unitary and indivisible framework of the State developed last week.

To this end, you will find attached a  new document produced this time by Elina Lemaire , also a professor of public law, within the framework of the Francophone Digital Legal University (UNJF)  presenting the two political forms that the State can take, namely unitary or federalism.

You can find the said document at the following link:  UNJF | Constitutional Law – The major concepts of the science of constitutional law – French constitutional history (1870-1958)

This explains in particular that:

–  the legal status of New Caledonia is an exception to the principle of indivisibility of the Republic,

–  legislative power is now shared within the framework of shared sovereignty ,

–  the qualification of unitary State is inadequate  in view of the relationship between the State and New Caledonia,

–  the relations maintained between the Republic and New Caledonia would be similar to “quasi-federalism”.

This is why the association advocates for the finalisation of the  Matignon-Oudinot and Noumea  agreements with the implementation of no longer a “quasi-federalism”  but  rather  a  full and complete  external  federalism between New Caledonia and ( or within) France.

It is also recalled that federalism does not equate to decentralization,  as Luc Steinmetz said, insofar as decentralized communities, unlike a federated state, cannot freely modify their institutional organizations, which are fixed by the unitary state. Whereas federated states have the ability to establish their own constitution (what some call the Noumea Accords) and therefore to choose their own institutional organization.

We wish you a good read and remind you that federalism is the only solution to reconcile unity in diversity.

The APROFED association