A reform of the national service which almost did not succeed

(excerpts from the book "Nouveau Service national", published by Puits Fleuy, January 1998)

On February 22, 1996, the President of the Republic, Jacques Chirac, announced on TF1 a major reform project involving the transition to a professional army, more adapted to the post-Cold War context, to build "the army of our needs and the launch of a "national debate on the future of national service". The French have to choose between conscription for a reduced period and voluntary service open to boys and girls.

1. A national and local reflection
From the spring of 1996, an important reflection began. At local level, a letter from the Prime Minister dated March 21, 1996 enjoins each mayor to organize a debate on the future of national service and to complete a questionnaire on the subject (11 questionnaires will be returned by the mayors and 300 by associations). These questionnaires collected at the level of the prefectures are merged into a single summary document, submitted on May 8 to the Minister of Defense. At the national level, both the National Assembly and the Senate or the Economic and Social Council are looking into the question. .

On May 14, the Senate Foreign Affairs, Defense and Armed Forces Committee delivers its conclusions. It considers that the current service cannot be maintained, that the professionalization of the armed forces seems inevitable and desirable and that only the establishment of voluntary national service open to girls as well as boys is realistic, accompanied by the introduction of the teaching of civic education, the reorganization of reserves and preserving the operations of census and selection (renovation of the “three days”).

The joint fact-finding mission of the National Assembly, chaired by Philippe Séguin and whose rapporteur is Olivier Darrason, made its conclusions public on May 23. His point is more nuanced. The abolition of all forms of conscription is not realistic in the eyes of the deputies. But the establishment of compulsory service with a predominantly civilian component and the maintenance of short-term military or civilian service do not seem possible either. She proposes a “citizen meeting”, which would establish the link between the citizen and the nation and would give rise to a medical and psychotechnical evaluation and to an awareness of the defense of young people. This appointment would be extended by the possibility of various voluntary work.

Although not competent in military matters, the Economic and Social Council (CES) made a point of pronouncing itself on the reform on three occasions: on the civil forms of service (in 1995), on the debate on the reform of national service and on volunteering (in 1996). Its rapporteur, Jean Bastide, from associations, is of the opinion that voluntary civil service seems to be the only solution. After having assessed the different forms of service in a positive way (firefighters, cooperation, etc.) or negatively (police, cooperation in companies, adapted military service), the CES wanted above all to lay the foundations for future volunteering (genuine status, attractive remuneration , effect on the employment contract, etc. and its limits (uncertainty about the constancy of volunteering, in particular its qualification, danger of inequality between young people, cost of the service, etc.).

2. A first bill
At the end of the three-month debate, the President of the Republic decided to abolish national service in its classic form as of January 1, 1997 and presented a bill establishing voluntary national service for a period of approximately nine months and a five-day “citizen meeting”, giving rise to a health and education check-up as well as civic information.
This project was discussed in Parliament from the start of 1997. A consensus quickly emerged between parliamentarians. The outstanding items that remain between the two meetings are mostly editorial nuances. But, in April 1997, when the Senate was about to proceed to the second reading of the previous bill, the National Assembly was dissolved. In accordance with Republican tradition, the Senate then suspends its work, even if constitutionally speaking it is not required to do so.

3. A second bill
The legislative elections, held in June 1997, led to a left-wing majority led by the Socialist Party in the Assembly. Lionel Jospin, who became Prime Minister, indicated in his general policy statement of June 19, 1997 that "the Government intends to complete and respecting its timetable the professionalization of the armed forces decided by the President of the Republic". But, rather than resuming work as it was, the new Defense Minister, Alain Richard, had the Council of Ministers adopt a new text on August 20, 1997. This one is more compact than the previous bill. Because it is refocused on the military aspects of the reform of national service. Thus, it removes the citizen appointment - which it replaces with a shorter concept, the call for preparation for defense - and only envisages military volunteering - civilian volunteering being referred to a later law. This project also has the advantage of being more readable and of taking into account several parliamentary and military proposals. The immediate setting to work of the parliamentary committees - from August - and the declaration of urgency allow a fairly rapid adoption of the text. The mixed parity commission meeting between the two assemblies did not lead to an agreement on a common text, after a new reading in each assembly, the deputies adopted, on October 21, 1997, the final text.

Schedule for the adoption of the second draft 
Reading level National Assembly Senate
1st Reading September 22, 1997 October 7, 1997
joint committee October 9, 1997 (failed)
re-reading October 13, 1997 October 16, 1997 (rejected)
last reading October 21, 1997 —

4. Recourse to the Constitutional Council 
Last episode of this project, the Constitutional Council is seized, on October 29, 1997, by more than 60 senators. They challenge the breach of equality constituted by the absence of summons of the class of 1999 to the call to prepare for the defense and by the establishment of a postponement for employees benefiting from an employment contract. But a mess occurs. Apparently, the senators had first indicated their intention to make an appeal and then, not having the number of senators required, delayed in filing their appeal. So that when it was finally deposited, the President of the Republic had already affixed, the day before, on October 28, 1997, his signature of the decree of promulgation. A textbook hypothesis that a law professor would not have dreamed up, the Constitutional Council must, in fact, decide which of Article 61 of the Constitution, which indicates that "...laws may be referred to the Constitutional Council, before their promulgation…” and of article 10 which indicates that “The President of the Republic promulgates the laws within fifteen days following the transmission to the Government of the law definitively adopted” takes precedence. It decides, on November 7, 1997, and decides that the recourse, having been introduced before the promulgation, is not valid, and rejects the request of the senators without answering the basic questions raised (for the text of the decision, see appendix § 545). The law can now be published in the Official Journal. What is done on November 8, 1997