In a bid to strengthen French secular republican values,
the Macron Government has proposed a Bill containing measures
designed to block and push back the current tendency towards
sectarianist and "comunautarianist" (sic) disregard to the
Republican principles undergirding the French
That, given the recent bloody events in France at la
Bataclan and other public spaces, is of little surprise. The Projet
de loi pour le réconfort des principes républicains is counched in
such terms, and has now been laid before the Assemblée Nationale
for full plenary, albeit virtual debate.
As a French national, I support the general
However as a French national and at the present moment,
still a European Union lawyer, I have great difficulty with
the deliberately opaque article 13, which purports to reintroduce a
tweaked version of what is known as the prélèvement successoral.
That law was ruled unconstitutional by the Conseil Constitutionnel
in 2011 in the Elke B QPC.
Contrary to what is heralded in the surrounding political
bumph and introduction, article 13 is in blatant breach of other
constitutionally protected principles, namely those enabling the EU
Succession Regulation, and, if adopted without total redrafing,
would mean that most British nationals and residents who have used
the Regulation to regulate their successions in France will find
these undone or at least undoable by disgruntled heirs.
This French incursion into European Private international
law needs to be watched carefully.
Please see the Overseas Chambers resources page for a further but more detailled commentary.
The projet de loi might undergo some changes, so keep
watching this page for developments.