Far-right presidential candidate Marine Le Pen has attempted to centre her campaign on spending power in a bid to appear more moderate - but she still has several 'French-first' policies in her programme.

One is a concept called 鈥�la priorit茅 nationale鈥� (French nationals first), an idea taken from her father Jean-Marie Le Pen鈥檚 discourse 鈥� he often spoke of 鈥�la pr茅f茅rence nationale鈥�.

The main principle of the priorit茅 nationale is to give people with French citizenship priority in applications for social housing and/or jobs.

Ms Le Pen also backs either limiting social benefits to only French nationals or making them conditional on having worked in France for a full five years.

This could include unemployment benefits, housing benefits and minimum pension allowance.

It could also include government grants on housing or renovation, although this is not specified in Ms Le Pen鈥檚 programme.

Family allowances would strictly be limited to French citizens, though.

鈥淭he presence of foreigners in the country should no longer constitute an unreasonable burden on public finances and the social welfare system,鈥� her programme states.

But the concept of priorit茅 nationale has been deemed anti-constitutional by lawyers and specialists and in opposition to other laws, both in France and internationally.

Read more: Expressions you may hear in the lead up to final French election vote

We look at how Ms Le Pen plans to implement her immigration policy, and why it is currently not legal.

An extract from Marine Le Pen鈥檚 programme on 鈥榗ontrolling immigration鈥�. Credit:

Issues with creating a priorit茅 nationale law

The French constitution does not mention that social benefits to help people who are out of work should be restricted to only French nationals.

It also states that the French State must ensure 鈥渆quality under the law of all citizens without distinction of origin, race or religion鈥�.

Equally, France鈥檚 D茅claration des droits de l鈥檋omme et du citoyen (1789) also rules out discriminated against a person based on their origin.

Introducing a priorit茅 nationale law would be 鈥渄iscrimination on the basis of origin, which is totally contrary to the jurisprudence of the Constitutional Council," Jean-Paul Markus, professor of public law at the University of Paris-Saclay, .

Another issue that Ms Le Pen will face is international law, particularly EU legislation that has a special superiority called 鈥減rimacy鈥� - meaning in any conflict of laws EU law trumps national law. Her priorit茅 nationale will not conform to EU laws on individuals鈥� rights.

It means that Ms Le Pen will face legal obstacles if she attempts to push through her immigration policies, as she promises to.

In fact, implementing the priorit茅 nationale law forms part of her number one goal on her list of 22 measures for 2022, a guide to her policies.

Credit:

If implementing the law is not constitutional, how would Le Pen do it?

She intends to hold a referendum on the status of foreigners and nationality.

More specifically, she wants to address 鈥渢he access of foreigners to any public or private employment, the exercise of certain professions鈥r [participation] in trade unions鈥s well as their access to social aid.鈥�

The reason she wants to hold the referendum is that France鈥檚 constitutional council (the Conseil constitionnel) cannot examine any law adopted by referendum.

鈥淲hat Marine Le Pen is proposing is a kind of coup d'茅tat," Dominique Rousseau, professor of public law at the University of Paris I Panth茅on-Sorbonne, told Le Monde.

Ms Le Pen also wants to hold a referendum on the primacy of EU and international law in order to make the French constitution - once she has changed it via referendum to her preference - the overarching authority.

This will allow her the power to introduce discriminatory policies that benefit French nationals to the detriment of foreigners living in the country, even those who pay taxes, raise families and serve the state.

What else is in Ms Le Pen鈥檚 presidential programme? Read more here: Macron - Le Pen: What do they each pledge to change if elected?

A type of priorit茅 nationale already exists in France (and other countries)

Only people who are French or from the European Economic Area can serve as civil servants in France.

This is not an unusual policy and is in place in many countries. The UK in 2020 introduced a law stating that only British nationals can work for the Foreign, Commonwealth & Development Office, for example.

Certain jobs in France related to the country鈥檚 sovereignty, such as ministry jobs in departments such as defence, foreign affairs, justice, the interior ministry, etc, are reserved only for French nationals.

Police officers or magistrates must also be French.

Related articles

Macron - Le Pen: What do they each pledge to change if elected?

Sport stars in France urge voters to stop Marine Le Pen winning

French elections: Sarkozy announces support for Macron in second round