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How not to govern

by Jerome a Paris
Mon Apr 3rd, 2006 at 04:17:09 AM EST

Chirac is again giving us a demonstration of why he is such a pathetic ruler:
In effect, the president suspended the reform the moment he passed it into law, by saying it would be modified after discussions with unions and no contract could be signed until a new law was put into place.

(...)

Mr Chirac's televised address on Friday attempted to restore some credibility to his unelected prime minister. However, it seems he has equally sidelined his preferred heir-apparent by handing responsibility for modifying the reform to Mr Sarkozy, rival to Mr de Villepin for the presidency in 2007.

So, if I understand correctly, Chirac signs the text into law - the law of the land - but asks for people NOT to use it. He took that decision to avoid the resignation of Villepin as Prime Minister, but he then hands the responsibility of the problem to Sarkozy, his bitter rival. Whether it is in his function as interior minister, second ranking minister after Villepin, head of the UMP party, or presidential hopeful is not clear.

But what is certain is that these decisions make a mockery of our institutions. It undermines the rule of law ("ignore the laws we pass"), it shows that this government is such a lameduck that legitimacy for negotiations must come from the outside (the UMP party), it turns the prime minister (for being sidelined for a junior minister) and the president (for being unable to get rid of his reckless prime minister) into objects of ridicule, and it shows, if ever proof was ever needed, that the interests of France are the last thing on these people's minds, who are focused only on their personal prospects at the next election, still a year away.

It's pathetic.

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How not to govern | 33 comments (33 topical, 0 editorial, 0 hidden)
Re: How not to govern (none / 0)
Very pathetic.

The CPE passes into law, but the Minister for Social Thingummies, Jean-Louis Borloo, says he is sending a letter today to all employers asking them not to use the CPE, so the request is official...

Whether it is Chirac who is asking Sarko to step in, or Sarko just moving into the vacuum, I'm not sure. At least Sarko has the legitimacy of heading the party that holds a majority in Parliament. That seems to be the last base left intact.

The 5th Republic Gaullist Circus plays on...

When locusts move on, they leave nothing behind

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 04:41:44 AM EST
Re: How not to govern (none / 0)
Will the opposition capitalise on this farce? Are they capable of doing so?
by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 04:49:00 AM EST
[ Parent ]
Re: How not to govern (none / 0)
That way they are creating more "je m'enfou" -attitude among voters. Le Pen is laughing in one's sleeve.

The struggle of man against tyranny is the struggle of memory against forgetting.(Kundera)
by Elco B (elcob at scarlet dot be) on Mon Apr 3rd, 2006 at 04:56:34 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Well, the left has been pretty united in their reaction, and they are now actively participating in the organisation of the coming protests, which are taking an increasingly "institutional" turn (i.e. professional organisation by the unions and parties) alongside the student protests.

This is building up to be a major political confrontation, and the left could well capitalise on it if they are smart enough to support the movement without (being seen) trying to direct it too much.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (jeromeguillet@yahoo.fr) on Mon Apr 3rd, 2006 at 05:02:45 AM EST
[ Parent ]
Re: How not to govern (none / 1)
I don't think so, since they are all so focused on the smaller problem, the CPE. To me, it's now time to think about what transformed the CPE into this big deal, that is, why the youth feels disenfranchised. But that's not going to happen, since the topic is too risky. They wont take risk, if they ever do, before being in power.

To me, that is why Chirac is pathetic. Not just because he undermines the concept of law or doesnt understand the  importance of the people against him, but because he could have escaped by calling on a greater debate. He tried to see if people wanted a "Grenelle social" but forgot one thing: nobody under 50 knows what a grenelle social is. (big negociations during mai 68 when the unions got a lot of what they wanted) Basically, our ruling class is completely disconnected from everything.

Rien n'est gratuit en ce bas monde. Tout s'expie, le bien comme le mal, se paie tot ou tard. Le bien c'est beaucoup plus cher, forcement. Celine

by UnEstranAvecVueSurMer (holopherne ahem gmail) on Mon Apr 3rd, 2006 at 05:03:36 AM EST
[ Parent ]
Re: How not to govern (none / 1)
Exactly.

In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (jeromeguillet@yahoo.fr) on Mon Apr 3rd, 2006 at 05:15:53 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Don't think I'm defending Chirac, but I think it's the media who go on using that tired old "Grenelle" analogy. They love to use clichés.

When locusts move on, they leave nothing behind
by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 06:07:49 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Which doesn't even make sense that Borloo does so, since french labor law is retroactive, that is, all changes will be effective on all contracts when they vote amendments.


Rien n'est gratuit en ce bas monde. Tout s'expie, le bien comme le mal, se paie tot ou tard. Le bien c'est beaucoup plus cher, forcement. Celine
by UnEstranAvecVueSurMer (holopherne ahem gmail) on Mon Apr 3rd, 2006 at 04:56:12 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Right. The only sense in Borloo's letter is in avoiding actual examples of the CPE for the protestors to latch on to.

Chirac: "I'm promulgating because, if I don't, Villepin will resign and I'll be left all alone in a corner for the next year, but I'm not really promulgating because, if I do, there'll be twice as many protestors in the streets."

When locusts move on, they leave nothing behind

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 06:12:42 AM EST
[ Parent ]
Re: How not to govern (none / 0)
More questions:

  • what legal value does the Borloo letter have? Why wouldn't an entreprising boss hire a few CPEs and make a public splash about it?

  • the Parliament's legitimacy in this sorry tale is not great, considering how it was ALSO sidelined in the whole process, with Villepin using article 49.3 of the constitution to specificalyl avoid a parliamentary debate on the law and rush it through... Maybe one can say that the Parliament is not tainted by the content of the law, even though that it debatable, as it WAS indirectly voted about via the censure motion the socialists put up (the only way to fight the 49.3, and of course a lost cause when the other side has the majority to repeal it).

  • what I don't understand is how Villepin can accept to be sidelined by Sarkozy like this? He loses out just as much, and he will have to play the lame duck prime minister alongside his lameduck president) for another year, with no chance of going anywhere after that.


In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (jeromeguillet@yahoo.fr) on Mon Apr 3rd, 2006 at 04:59:59 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Unfortunately, I can't recall the details of 49.3, but it sounds like a piece of the constitution that deserves re-examining in itself?
by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 05:11:15 AM EST
[ Parent ]
Re: How not to govern (none / 0)
It basically says that the government can call for a law to be promulgated without a Parliamentary vote - and that can only blocked by a motion de censure by Parliament.

It is useful to get laws passed when you only have a relative majority, because instead of needing an absolute majority to get the law voted in, you need only to be able to deny that absolute majority to the opposition.

Of course, it can be abused as it was this time, to short circuit debate, but it is explicitly seen as an abuse, so, in essence, it works as an "exceptional" procedure.

In the long run, we're all dead. John Maynard Keynes

by Jerome a Paris (jeromeguillet@yahoo.fr) on Mon Apr 3rd, 2006 at 05:15:30 AM EST
[ Parent ]
Re: How not to govern (none / 0)
The worry is of course, that (for example) in both the UK and US exceptional procedures are being abused and over time various "taboos" lose their meaning. My gut instinct is that Sarkozy will be another proponent of this philosophy.
by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 06:00:54 AM EST
[ Parent ]
Re: How not to govern (none / 0)
He actually said in the beginning of the year that he would strenghtened presidential powers if elected. So much for our hope that concesus will one day be the way to govern.

Rien n'est gratuit en ce bas monde. Tout s'expie, le bien comme le mal, se paie tot ou tard. Le bien c'est beaucoup plus cher, forcement. Celine
by UnEstranAvecVueSurMer (holopherne ahem gmail) on Mon Apr 3rd, 2006 at 06:04:07 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Among other things, the 49.3 is an anti-filibuster weapon. It disables the parliamentary opposition every time the government decides.

All part of the anti-Parliament, anti-parties line on which the constitution was written.

When locusts move on, they leave nothing behind

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 06:34:19 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Is it time for a 6th Republic, yet?

The brainless should not be in banking. — Willem Buiter
by Migeru (migeru at eurotrib dot com) on Mon Apr 3rd, 2006 at 06:50:44 AM EST
[ Parent ]
Re: How not to govern (none / 0)
I certainly agree with Montebourg in his advocacy of change. Whether it should be a revision of the 5th or a new Republic is another question. And exactly how constitutional changes would be framed, I'm not sure.

But, broadly, Parliament's powers need increasing relative to the presidency. The PM and major ministers should be deputies, not just presidential appointees.

When locusts move on, they leave nothing behind

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:06:19 AM EST
[ Parent ]
Re: How not to govern (none / 0)
What does the constitution of the 5eme say about constitutional reform [including a new constitution]?

The brainless should not be in banking. — Willem Buiter
by Migeru (migeru at eurotrib dot com) on Mon Apr 3rd, 2006 at 07:22:21 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Either referendum or ratification by the Congrès (National Assembly plus Senate meeting at Versailles, 3/5 majority required).

I think really major changes would require a referendum.

See Wikipédia (French).

When locusts move on, they leave nothing behind

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:38:44 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Perhaps I'm looking at this from the wrong perspective, but that doesn't sound all good.
by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 06:59:45 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Can you expand?

(Not a query concerning girth).

When locusts move on, they leave nothing behind

by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:08:22 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Well, parties are a fact of life and so in a lot of ways, an anti-Parliament, anti-parties constitution is little more than elected dictatorship, a la Ancient Rome?

Particularly when it is "convention, custom and peer pressure" that is the main defense against abuse. As we've seen in the US and the UK a determined, media savvy government can run roughshod over such implicit restraints.

by Metatone (metatone [a|t] gmail (dot) com) on Mon Apr 3rd, 2006 at 07:25:50 AM EST
[ Parent ]
Re: How not to govern (none / 0)
I agree. The Constitution of the 5th was written to set de Gaulle up with broad powers during the crisis of the Algerian war. Since then those powers, likened by some to those of a monarch, have been enjoyed by French presidents who have unsurprisingly not suggested reducing them...

When locusts move on, they leave nothing behind
by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:44:43 AM EST
[ Parent ]
Re: How not to govern (none / 0)
  1. I can't see any legal restraining value. Now the law has been signed, any employer can write his/her own CPE, assuming a job candidate accepts one.

  2. Parliament's legitimacy is that Chirac is, to all intents and purposes, sending the CPE back for reconsideration, so it's Parliament that will write the new version, and Parliament is run by the UMP, so the UMP gets to define the new version, so Sarkozy... etc... The problems you raise are important, but more moral than constitutional/political.

  3. If Villepin were capable of understanding parliamentary/electoral and consultative democracy, he wouldn't be in this mess. He's a pure product of the elitist system that, under the present constitution, does not require a PM to have any electoral legitimacy. He advised Chirac to call that disastrous election in 1997. He thinks he's some kind of Napoleon figure, and that that is what France wants. He's so far from reality that it's impossible to say what his reading of the situation is right now.


When locusts move on, they leave nothing behind
by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 06:28:41 AM EST
[ Parent ]
Re: How not to govern (none / 0)
  1. I see in Le Monde that they will not print the forms necessary to sign a CPE to prevent them from beign used. How pathetic is that? (I don't even know if it would work legally, but it might in practise)

  2. True. And as a comment to your other point above on 49.3, the power of parliament is often underestimated in France. Cohabitation showed that it is parliament who decides who governs, and it is stable (I did not expect, back in 1997, Jospin to fulfill the 5 year mandate).

  3. Also true, but I still don't see how he can stay in place as a totally discredited PM - unless he still hope to claim the benefits if this is solved to the right's satisfaction (whether immediately if the protests peter out or indirectly if there is a delayed reaction to la chienlit).


In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (jeromeguillet@yahoo.fr) on Mon Apr 3rd, 2006 at 06:59:24 AM EST
[ Parent ]
Re: How not to govern (none / 0)
I don't even know if it would work legally, but it might in practise
I'll let you write that law if you let me write the regulation, as we say in Spain.

The brainless should not be in banking. — Willem Buiter
by Migeru (migeru at eurotrib dot com) on Mon Apr 3rd, 2006 at 07:01:23 AM EST
[ Parent ]
Re: How not to govern (none / 0)
"they will not print the forms necessary to sign a CPE "

Yeah, they said so, but it's pure bullshit: you don't need a form to sign a contract. Any employer can write one on plain paper, as usual. If it has the basic information on salary, working time... and if it's signed by the employee, it's legal.

 

"Ne te courbe que pour aimer..." René Char

by Melanchthon on Mon Apr 3rd, 2006 at 07:07:53 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Right -- as I said above. An employer only needs write a contract in accordance with the law.

When locusts move on, they leave nothing behind
by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:09:46 AM EST
[ Parent ]
Re: How not to govern (none / 0)
  1. See Melanchthon's comment below (no need for a printed form)

  2. I think cohabitation showed that the president can't rule against the parliamentary majority. Not that parliament decides who is the government, that's slightly different.

  3. I suppose Villepin and Chirac are still hoping the fuss will die down and they will then claim they "stood firm". But Sarko has the initiative now, and any improvement in the situation will be to his credit. In other words, V and C now go around with big shotgun holes in both feet.


When locusts move on, they leave nothing behind
by afew (afew(a in a circle)eurotrib_dot_com) on Mon Apr 3rd, 2006 at 07:17:11 AM EST
[ Parent ]
Re: How not to govern (none / 0)
As afew says, given that the law has been promulgated, an employer is entitled to write a CPE contract. The only trick is that, without the application decree, he will not know if his contract, although legal, is valid. So if he writes a CPE, he will take the risk of being sued by the employee without knowing if he's right or not... His lawyer will warn him not to do so. Only a militant would sign a CPE now!


"Ne te courbe que pour aimer..." René Char
by Melanchthon on Mon Apr 3rd, 2006 at 07:02:56 AM EST
[ Parent ]
Re: How not to govern (none / 0)
Pathetic, yes. But it also buys them another month before they have to commit to a head on confrontation or back down temporarily. IMO, we have to be careful not to read too much into the inner fighting among the french rightwing. In fact, this fiasco could be turned into Sarkozy's opportunity to shine as a relative consensus builder before the election.
by Fete des fous on Mon Apr 3rd, 2006 at 11:41:28 AM EST
Re: How not to govern (none / 0)
"Sarkozy's opportunity". I think that's already happening.

When locusts move on, they leave nothing behind
by afew (afew(a in a circle)eurotrib_dot_com) on Tue Apr 4th, 2006 at 01:56:56 AM EST
[ Parent ]
Re: How not to govern (none / 0)
French politics seem rather insane. But maybe all politics seem insane when viewed from outside.

Anyways, the Swedish Center party (rightwing/centrist) has proposed legislation almost identical to the CPE. No riots just yet... ;D

Peak oil is not an energy crisis. It is a liquid fuel crisis.

by Starvid (arvid.hallen at gmail.com) on Mon Apr 3rd, 2006 at 07:29:04 PM EST
How not to govern | 33 comments (33 topical, 0 editorial, 0 hidden)


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