The point is that VFR pilots everywhere else in the world don't have to stay below the lowest layer.
I agree, but the conditions must be such that they can maintain VMC for the entire route including the departure and arrival segements. Whilst many may bend the rules, in new EASA parlance the clouds have to be pretty few and far between to meet the legal requirments. You can forget about departures or descents with broken forecast.
The law aside the more adventurous VMC pilot will successfully dive through the gaps in the clouds to maintain VMC but I dont want pilots doing that in my ATZ thank you.
I fly aeros; when we topple the AI above a broken overcast finding a way down through a small gap is not a problem, but it sure as hell scares many PPLs to death.
As I said earlier the modus operandi of an Instrument Rated pilot is quite different. He is not concerned about flying an approach down to 1,000 feet. He is not interested in dodging between clouds having been flying on instruments for the last hour. In fact the last thing he wants is an unusual attitude.
It is just madness to expect him to dodge the broken bits at 1,000 feet during the arrival segement - indeed a recipe for disaster just so he can claim he was VMC thoughout the approach segement.
In reality I dont believe that whoever dreamed this up has got any concept of real world flying on instruments with the weather we have in Northern Europe.
As to the mountain rating, I agree, teasing aside, I have no objection with the French keeping it.