La réforme du mode d'élection des sénateurs : point de départ ou d'arrivée ?

Abstract

Is the change in the way in which French senators are elected, introduced by the Law of 10 July 2002 in spite of the Senate's opposition, a new departure or the culmination of earlier changes ? The Constitutional Council's decision of 6 July 2000, giving its interpretation of Article 24 of the Constitution, struck out much of the government's proposed text which had been intended to improve the French Senate's representativeness, and increased the number of municipal representatives in the electoral college in particular. The Constitutional Council thus re-emphasised the Senate's role representing local authorities, giving a relatively nuanced interpretation of the one person, one vote principle. The way in which senators are elected today is based on an electoral college determined by the Constitutional Council. The Senate's representativeness could nevertheless be improved by introducing a more equitable representation of the municipalities, by a more balanced representation of county (departmental) councils, and by a reduction in the senators' term of office. That done, one could imagine its constitutional powers being increased, a precondition for its continuing relevance, in matters affecting local authorities, without granting it as much power as the House of Deputies. In addition, stabilising the terms and conditions under which senators are elected, and insisting on their approval for the reforms, would give them greater authority in the role they are called upon to play.