French Legal System's Resistance to Potential Authoritarian Shock
This comprehensive academic report examines the structural resilience of the French legal system against potential authoritarian takeover, using stress-testing methodology inspired by European banking supervision practices. The study analyzes weaknesses and strengths across institutional safeguards including separation of powers, judicial independence, civil service protections, independent regulatory authorities, and non-institutional counterbalances. The report draws comparative analysis with Hungary and Poland, documenting how democratic regression occurs through systematic dismantling of rule of law mechanisms. Specific focus areas include executive encroachment via ordinances and constitutional article 16, public prosecutors' vulnerability, constitutional council safeguards, civil service politicization risks, and the capacity of media, civil society, and academia to resist authoritarian measures. The research identifies critical structural gaps requiring urgent constitutional and legislative reforms to strengthen democratic protections before potential electoral threats materialize.
Table of Contents:
- Summary .... 5
- Preface .... 7
- 1. introduction .... 11
- Part i: the general analytical framework .... 15
- 2. autocratic drift: user manual .... 17
- 2.1 Dismantling democracy and the rule of law: Key stages .... 17
- 2.2 How to confiscate power in a single electoral term: the example of Orbán's Hungary .... 20
- 2.3 Key stages of Poland's transformation process into the EU's second authoritarian regime .... 24
- The progressive takeover of the judiciary .... 25
- The progressive seizure of the media .... 27
- 3. evaluation of the french situation in the commission's annual rule of law report .... 31
- 3.1 The 2020 and 2021 reports on the rule of law in France .... 32
- 3.2 Putting into perspective compared to the situation in Hungary and Poland .... 33
- Part ii: study of the french case – strengths and weaknesses .... 37
- 4. the separation between executive and legislative powers .... 39
- 4.1. Recourse to ordinances under Article 38 .... 40
- 4.2. Referendums .... 40
- 4.3. Article 16 of the French Constitution .... 41
- 5. the independence of justice .... 45
- 5.1. The judicial order .... 45
- 5.2. The administrative order .... 49
- 5.3. The Constitutional Council .... 51
- 6. the civil service .... 55
- 6.1. Balancing elements .... 56
- 6.2. Risk identification .... 57
- 7. independent administrative authorities and other regulatory authorities .... 63
- 7.1. Status of independent authorities .... 65
- 7.2. Appointment of members of independent authorities .... 67
- 7.3. Term of office of members of independent authorities .... 68
- 7.4. Budget .... 69
- 7.5. External controls .... 70
- 7.6. Responsibility .... 71
- 8. non-institutional counter-powers .... 73
- 8.1. The resistance capacity of the media .... 74
- 8.2. The resistance capacity of civil society .... 77
- 8.3. The resistance capacity of the university .... 81
- Table of contents .... 85
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Document Details
- Format
- Pages
- 90
- Size
- 2.8 MB
- Category
- Society & Culture