Monday evening, Gérald Darmanin continued his discussions with the elected representatives of Corsica to obtain
“a consensus”
on a constitutional reform project aimed ultimately at autonomy for the island.
During the dinner which lasted nearly 4.5 hours, the Minister of the Interior proposed to Corsican elected officials
“five major advances” within a “proposal for constitutional writing”.
The delegation of eight island elected officials must return to Place Beauvau with their observations on March 11.
In the meantime, this Saturday, a demonstration is to take place in Bastia, at the initiative of two independence associations calling on
“all those who think that Corsicans should have rights over their land”
.
Earlier in the week, however, no agreement was reached with the executive on a crucial issue in the eyes of the inhabitants of the Isle of Beauty: the status of
"resident"
, a sea serpent for many years.
At the end of the meal, Gérald Darmanin admitted to favoring
"a 'residence' status which could make it possible to fight against
real estate speculation" in Corsica.
So, resident, or residence?
A subtlety of language which illustrates the disagreements over which, for the moment, the Interior and Corsican elected officials are struggling.
Why are the Corsicans campaigning for “resident status”?
The housing crisis in Corsica is indeed a major point of tension, with many tense areas.
The independence party Corsica Libera (
“Free Corsica”
) demanded in 2013 the creation of a specific resident status in order to facilitate locals’ access to employment and housing.
The separatists highlighted the high rate of second homes in certain municipalities.
In fact, they would like to reserve the right to acquire real estate on the Isle of Beauty to individuals who have resided there, permanently, for a minimum of five years.
Only those born in Corsica, or who have a parent born or buried in Corsica, could then be subject to an exemption.
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The Corsican deputy from the LIOT party Jean-Félix Acquaviva, in December 2022, proposed in comments relayed by
Corse Matin
that individuals meeting
“cumulative criteria defined by decree (after advice from the Corsican Assembly) which demonstrate a community of material and moral interests consecrating attachment to Corsica and the feeling of belonging to its people"
could also be encompassed in the status of
"resident"
.
People who do not meet this status would be subject to higher taxation during a real estate transaction.
Historical reluctance of the State
As early as 2013, when questioned about this resident status proposed by the Corsica Libera party, the Minister of Decentralization Marylise Lebranchu, however, described the proposal as
“unconstitutional”
.
Emmanuel Macron, during a trip to Corsica in February 2018, had already been confronted with the theme of institutional reform in Corsica and possible autonomy.
The President of the Republic then, in turn, considered that
“the implementation of a resident status in Corsica (was) not the right response to the real estate problems of the island”
, judging the claim
“contrary to our Constitution”
and calling it
“a legal impasse and the wrong answer.”
Why would this be unconstitutional?
The term
“resident”
would be judged as a
“break in equality”
, explains constitutionalist Benjamin Morel.
Article 6 of the Declaration of the Rights of Man and Citizen (DDHC) states that
“the law must be the same for everyone”
.
However, in the Corsican case, the Constitutional Council could consider that an individual or a group would be treated unequally compared to others, on the basis of discrimination, in this case access to housing.
Corsican citizens wishing to buy real estate would be favored compared to French citizens on the continent.
The lecturer in public law at Paris 2 Panthéon-Assas University is skeptical about a possible
“special right for premises”
, deeming it
“impossible”.
In addition, sellers of real estate would also be harmed with such a criterion in force, since they would have a restricted choice of buyers.
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A second legal obstacle also arises: the introduction of this resident status, and the risk of breaking equality
“would pose a problem at the level of European law”
, continues Benjamin Morel.
The European Convention on Human Rights thus provides
“equality for all by the collective guarantee of a general prohibition of discrimination by the Convention for the Protection of Human Rights and Fundamental Freedoms
”.
Like the local authorities Saint-Pierre and Miquelon, New Caledonia or Wallis and Futuna, Corsica should officially leave the European Union.
European law would not apply there, unless the State wishes to do so.
Why does the government prefer “residency status”?
The government believes that the term
“resident” could create two categories of citizens, and wishes to avoid an
“ethnic”
criterion at all costs
.
This is why the executive would prefer the term
“residence”
, which would make it possible to subject access to land ownership, this time, to more objective criteria.
Concretely, the conditions could be based on administrative criteria, such as tax residence.
In fact, a person from a family present in Corsica for several generations and another present for only a few years (the precise number has not yet been decided) would be put on an equal footing.
But the precise terms have not yet been decided.
The executive is trying to find a
“paraphrase”
to
“justify the creation of a particular regime for Corsica”
based on
“objective criteria reconcilable with the principle of equality”
, deciphers Benjamin Morel.
This remains a
“political artifice”
, assures the specialist.
“It’s extremely interesting, but technically complicated
,” he continues.
We will know more in 15 days when elements of the organic law may be presented.”
The real estate issue particularly concerns tense areas, mainly on the Corsican coast.
However, in both cases - the creation of a status of "resident" like that of "residence" - could have repercussions throughout France, warns Benjamin Morel.
Indeed, Paris, the Basque Country, the Côte d'Azur and the Arcachon basin are all areas where the demand for housing exceeds available capacity.
If the judges ratify this status,
“the other regions with these tense areas will wonder why the implementation would not be possible there
,” he continues.
The academic instead imagines
“an experiment”
initially, ratified by Parliament, which would take the form of an exemption granted to the Isle of Beauty.