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Table of contents
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Table of contents

0:00
Sommaire
1:30
Qu'est-ce que le 13ème 49.3 ?
2:10
L'article 49.3 de la Constitution
2:38
La motion de censure
3:11
Coup d'état constitutionnel
4:13
Le problème dans un régime parlementaire
5:41
Le problème dans la 5e République
6:31
Est-ce que ça change les choses ?
9:53
Le pouvoir n'a plus de limite démocratique
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  • ruRussian
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00:00:01
here Sud
00:00:04
Radio the French speak in
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French I don't like the blanquette of
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faau I don't like the blanquette of fa
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Sud Radio berkov in all these states and
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we don't change the good habits
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of a winning team I
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obviously speak from the government team
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Elizabeth bornne attention Born to Be
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Alive is going to draw the 493
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for the 13th 14th time we talk about it right
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away with Philiipe Fabri Sud Radio
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berkov in all these states obviously and
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it goes on and on and yes and
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yes with the 493 agree agree yes
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Prime Minister Elizabeth Borne on
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Wednesday therefore yesterday engaged the
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government's responsibility through
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article 493 on the revenue side of the
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2024 budget this is the 13th exactly
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activated by the head of government
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since her arrival in Matignon 13th 493
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you know what 493 is, we will
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explain it straight away to with
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Philippe Fabri hello Philippe Fabri
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hello André Berkof you are a
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legal historian you are the author of The
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President of the Absolute President the 5th
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Republic against democracy we
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have received you several times on this
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subject and there actually first of all
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remember what
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exactly it is that the
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493 then the 49 the 493 it is an article
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of the Constitution in fact it is it it is
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not an article it is a paragraph in
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article 49 the 3rd paragraph we are 493
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but it is not a draw which allows the
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government to do rather
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not having to have a text voted by
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Parliament by committing its responsibility
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is that in fact the
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government is simply saying here I am taking
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responsibility for this text, that means
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that if you do not vote for a motion of
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censure against me to clear the
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government, then the text
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will enter into force. force that's how it
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works here it goes so listen
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listen Philippe listen
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resistant listener Sud Radio listen to what
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ellisabeth borne also said on the
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basis of article 49 paragraph 3 of the
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Constitution I engage the responsibility
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of my government on the first
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part of the finance bill for
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2024 I
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thank you and well we also
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thank herabeth we thank her
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Philippe Fab basically youenez is very
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good in defining the thing it is clear
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it is that if there is no there is no motion of
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censure which requires a majority of
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deputies or
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not so yes the motion of censure
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requires a majority
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simple majority but a majority of deputies which
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is extremely difficult to bring together,
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including when we have a split parliament
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like we have for a year even if on
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the pensions affair it was we
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were the closest to the motion of
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censure that we have ever been since the
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only one which was voted under the 5th
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Republic which was in 1962 yes we wanted
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to say that in fact it is I was going to this was
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the question that I was going to
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ask you the last motion of censure which
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was adopted by the French Parliament
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it is since you say 1962 1962
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it was the motion of censure which
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in fact aimed to oppose the form
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of institutional coup d'état that
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General de Gaulle had done by
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attempting to hold a
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constitutional referendum with an article which did not
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authorize what the President of the
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Senate of the time Gaston Monerville
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had qualifiedord forfeiture but this did
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not prevent the Constitutional Council
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from considering that there
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is but in fact Philippe Fab then
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precisely because the the the I would say
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the historian that you are is that
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frankly for several years even
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maybe before Macron but let's say yes
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because it was used well before
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is that basically in this regime in
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which we are in this regime of
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absolute presidency it is your own title uh
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title of your book is that basically
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it is not the executive which governs by
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the 493 even if it does not use it all the
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time the executive is alone in the face of the
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legislative which is come on we are not going to say
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impotent don't want to be mean finally
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it's okay it passes and it does not break
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so that is exactly that and in fact
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the problem is even deeper
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because in a parliamentary system
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it would not pose a problem for the
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government to engage its responsibility
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before Parliament because that is what
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what does any government continually do
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since in a
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parliamentary regime the government is
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the emanation of the majority in Parliament
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so it is normal it can cause
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the problem in the system and
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this was still the case at the time when we
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you know we talked a lot at the time about
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the pensions affair under the
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Rocard government there had been
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a lot of 493 but at the time Michel
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Rokard was a real personality
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different from the President of the Republic
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we know that they had rivalries of
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both people and therefore it was
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it was a head of government and
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it was indeed Michel Rard who took
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responsibility for the problem in the
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current French regime as it has
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evolved which goes in the direction of The problem of
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the 5th Republic is that the real head
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of the executive is not the Prime
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Minister, it is the President of the
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Republic and therefore in fact there is
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no real responsibility
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incurred in this regard. since whatever
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happens even if a motion of censure is
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passed the President of the Republic he
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remains in his place he has no
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problem and in fact he sends to coal
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if I want to say it's not Elisabet
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Band who decides, I take
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responsibility, it's the president who
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tells him, well, you're going to take
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responsibility for this text because I
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want it to pass and I want it to
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move forward, that's how it's happening. that's
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why it's a big problem
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in a parliamentary regime that would be
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there could be a 493 that would remain
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a balanced regime because
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Parliament has its power there the fact that
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the president will remain well that erases
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all the facts yes but wait that's
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the constitution of the 5th Republic
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that is if a government is
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overthrown the president is not overthrown
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there the president is not overthrown
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but the problem is that in the
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constitution of the 5th Republic the
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President of the Republic has so much
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power in others in
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neighboring regimes I want to say where
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there is also a head of state it is not
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the head of state who is at the head of the
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government uh the Queen of England
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or the President of the
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Italian Republic non pratiou the President of the
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German Republic have practically
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no power uh the problem is
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that in France the head of state has
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become the real head of the government
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it is he who chairs the Council of
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Ministers in particular and therefore he is the
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real head of the executive there is a
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major imbalance but then precisely
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then Philippe Fabrice it is interesting let's
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dig a little deeper into this why did he
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need or does she need 493 after
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all since she can very well well
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let's say she doesn't get it
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that there is a majority against her
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Macron is still president he
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appoints another minister another head of the
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government does that change
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things then that would not change
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much since it is we
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arrive precisely at the limit of the
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reasoning is that probably
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the problem is that there is in fact
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in the structure of the government
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because of what I have just explained we
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have reached a point if you want
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to govern the country the President of
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the Republic no longer even needs
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to have a majority in Parliament all
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that what he needs is that there is no
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majority against him in Parliament,
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that is to say that he cannot be
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faced with a motion of censure
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or that he is not overthrown, finally, that he is not
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not censored himself what is that, well
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that's
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it, he can't be censored then he
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can't be censored and then his and then at
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worst if one of his governments falls
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he will make another one and if the next one it can
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be enough that there is no
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majority against him and we saw at
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the time the pension reform which
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polarized a lot that even on a
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motion of censure in a case like that
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even if the extreme left extreme right
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voted together with part of the center
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it is very difficult to arrive at this
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majority because there are always a
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few deputies from the center who
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will refuse to bring down the
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government and therefore this in
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fact gives all the powers to the president of
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the Republic as long as there is not
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a majority in Parliament which opposes
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the President of the Republic and given the
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way in which the system of the 5th is
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polarized around the election of the
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President of the Republic it It is very
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difficult for Parliament to succeed in
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bringing about a hostile majority. The best we
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managed to do during the
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last election was to have an
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absence of a majority, but we see that this
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does not block the action of the president well
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we see it very very clearly but in
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fact it frankly means Philippe
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Fabri what is the point because what is the point of
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Parliament today since you
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say it yourself and and you are not the
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only one and we see it that
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Parliament cannot change practically anything
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so there is no more separation
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of powers finally there is more if it has
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on paper but this legislative power
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what can it do then the the
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Parliament only serves as a
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democratic alibi for the President of the
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Republic so as not to say that we are
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in a kind of elective dictatorship,
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that is the reality of the regime
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today and that is what I am
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particularly marks me is that
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the election the last
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legislative elections which gave this absence
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of majority all the polls showed
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that the French were happy with
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this composition where there was no
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majority precisely which seemed to
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indicate that the French had a
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desire to revisit the debate in Parliament
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to see Parliament play its role again
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and it is just at this moment that the
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regime tenses up and we go even further
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into presidentialism so it is
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really a contemporary in addition to what public
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opinion would like and it's it's it's
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it's an authoritarian drift of the
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regime I think we can we can say
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like that moreover there are more and
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more observers who speak of an
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illiberalism of Emmanuel Macron I do
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n't know if the term is well chosen but that's
00:09:05
illiberal democracy indeed
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and but finally you know it's it's not
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new remember that the controversies
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finally remember we were young
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you were perhaps not born on the
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personal power of general de Gaulle he
00:09:19
remember mitteran who said is the
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douche and he is a dictator the
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permanent coup d'état et cetera finally it is
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an old controversy since
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actually the 5th Republic but
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basically does that not lead to and and this
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493 once again this 13th 493 shows
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it, does it not even lead to a real
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blockage of powers is that we
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really arrive at something where people
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resign themselves because they can't do
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otherwise and it's a kind of here
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there is a power and there is a machine
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which runs this machine runs and then the
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rest we have nothing to do 10 here
00:09:53
then in in fact the thing is that
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it is not even a blockage of power
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since power manages to get
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everything it wants through, it is rather that
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power does not have that much limit and
00:10:00
that it does not has no more democratic limit,
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that's what is worrying because the
00:10:03
constitution of the 5th Republic and
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that's what all these defendants are saying
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is that basically it's a constitution
00:10:07
that allows us to move forward and always allows us to move forward.
00:10:08
moving forward which allows us to avoid
00:10:09
blockages the problem is that it
00:10:11
allows us to move forward generally by
00:10:13
trampling on oppositions by making
00:10:15
the culture of dialogue disappear and that
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too since despite everything what is
00:10:19
important for parliamentary democrats
00:10:20
is that all important decision and
00:10:23
and the effect of a compromise so it
00:10:25
leaves no trace whereas at home
00:10:26
we decide everything in an authoritarian way by
00:10:28
saying that's
00:10:31
it aeap more Laé that's that that's serious
00:10:35
that's that it's a cartel and my good pleasure
00:10:39
said a certain Louis the 14th it's
00:10:43
interesting in any case thank you Philippe
00:10:44
Fab thank you we are in a monarchy
00:10:47
come on we are not going to say a
00:10:49
republican monarchy we are not going to say banana
00:10:51
but anyway we are not far we are not
00:10:53
far thank you very much Philippe Fab for
00:10:56
being with us I remind you of your book the
00:10:57
absolute president 5th Republic against
00:11:00
democracy it is published by scripta
00:11:02
now we will meet again

Description:

Avec Philippe Fabry, historien du droit et auteur de “Le président absolu - La Vème République contre la démocratie” publié aux éditions Scripta Manent. Retrouvez Bercoff dans tous ses états avec André Bercoff du lundi au vendredi de 12h à 14h sur #SudRadio. --- Abonnez-vous pour plus de contenus : https://www.youtube.com/c/SudRadioyoutube?sub_confirmation=1 ——————————————————————— ▶️ Suivez le direct : https://www.dailymotion.com/video/x75... 🎧 Retrouvez nos podcasts et articles : https://www.sudradio.fr/ ——————————————————————— 🔴 Nous suivre sur les réseaux sociaux 🔴 ▪️ Facebook : https://www.facebook.com/unsupportedbrowser ▪️ Instagram : https://www.facebook.com/unsupportedbrowser ▪️ Twitter : https://twitter.com/SudRadio ▪️ TikTok : https://www.tiktok.com/@sudradio?lang=fr ——————————————————————— ☀️ Et pour plus de vidéos de Bercoff dans tous ses états : https://www.youtube.com/playlist?list=PLaXVMKmPLMDQe5oKZlhHutOQlGCq7EVU4 ##NOEPISODE##

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