It used to be a joke that voting never matters because the voters can’t be trusted with that kind of power. Over time, the joke stopped being at all funny, because that’s exactly what has happened in most western countries at the national level, but most blatantly in the European Union, where voters can express their will in a clear majority, yet see exactly the opposite policies implemented by Brussels:
2005: the day they decided your “no” didn’t count
May 29, 2005. The French vote. Referendum on the European Constitutional Treaty.
Result: 54.68% NO.
Turnout: 69%.
Not a vote of abstainers, not a misunderstanding.
A people speaking out, massively, with full awareness.
Three years later, the same text — or nearly so — came into force. Without asking their opinion again.
Here’s how.
The context.
The Constitutional Treaty was the great federal leap: a text that gave the EU the attributes of a state. A flag, an anthem, a “constitution”, a foreign minister, supremacy written in black and white. Chirac, full of confidence, calls the French to the polls. The “yes” campaign mobilizes everything: the state, the major parties, the media, big business, the institutional unions.
And the French say no. For reasons the elite refused to hear: fear of social dumping (the infamous “Polish plumber”, the Bolkestein directive), a sense of a machine slipping out of their control, rejection of a project decided from on high and ratified by acclamation. Five days later, the Dutch say no in turn. 61%.
The treaty is dead. Officially, it’s called a “period of reflection”. In reality, it’s time to find a workaround.
The workaround has a name: Nicolas Sarkozy.
2007 campaign. Sarkozy proposes a “simplified treaty”. And above all, he lays out the adoption method: it will be the parliamentary route. No referendum. Parliament will vote in place of the people.
That’s his promise. He is elected.
And he keeps it against the people who had already decided.
The sleight of hand: the Lisbon Treaty.
Signed in December 2007.
They remove the symbols that scared people: no more “constitution”, no flag in the text, no “minister”.
They keep the essentials: permanent presidency of the Council, extension of qualified majority voting, retreat from unanimity, the Union’s legal personality, European diplomatic service. The institutional substance of the rejected text, repackaged.
The most cynical part is that they admitted it. Valéry Giscard d’Estaing, the architect of the Constitution, wrote it himself: the tools are the same, we’ve simply changed their order in the box. The stated goal: make the text unreadable so no government would be forced to submit it to a referendum. Technique replacing the popular verdict.
February 2008. Versailles.
Congress convenes to amend the French Constitution and allow ratification. Then Parliament ratifies Lisbon. The government left, which had campaigned for “no”, abstains and lets it pass. The French, they are never consulted again.
The “no” of 2005 has just been converted to “yes” by procedure.
And for those who might doubt the method: Ireland, for its part, was constitutionally required to vote. It says no in June 2008. They make it revote in 2009 until they get the right result. Vote until you get it right.
And that’s where it all connects.
This isn’t a procedural anecdote. It’s the founding act of a legitimacy problem that France has never settled.
Because the question of 2005 is exactly the one today. When Brussels signs 96 billion in development aid, when the NDICI directs billions to foreign “civil societies”, when the Global Gateway promises 300 billion the real question is never “should we do it?”.
It’s: who decided, and with what legitimacy?
The answer, we’ve known it since 2005: an administration that believes the people, when they answer wrong, must be circumvented, not heard. Hayek called it the fatal conceit.
The idea that a center knows better than the peoples what is good for them including against their explicit vote.
The French never accepted Lisbon. They were never asked.
And a structure built by going over the head of a lost referendum doesn’t carry a democratic deficit: it carries a birth defect.
The American Constitution starts with “We the People”.
Ours, the European version, started with a people who said no and an apparatus that decided it didn’t count.
Auto-translated by X from Brivael Le Pogam’s original French post.





