And they are not alone. Macron cite Wendie Renard en exemple dans ses voeux aux Français. Philippe called the cuts “indispensable and urgent.” The planned cuts also reportedly include new attacks on pensions and unemployment insurance. "Now, legally speaking, I want to say that there is nothing that prohibits it, it is the Parliament which accepts or not to do so", tempers Julien Padovani. Idées. In a slightly more nuanced register, Julien Padovani, doctor of public law and teacher-researcher at the University of Aix-Marseille, is nevertheless "convinced that this decision can lead to a considerable weakening of the prerogatives of Parliament". This essentially dictatorial set-up is squarely aimed at the working class. As it is almost summer, let's take the case of a strawberry prescription. Rediffusion d'été. They were allowed to travel freely and prepare their attacks, as these networks are intelligence assets operating under state protection. These are a tool made available to the government to allow it to skip the “Parliament” box and take “measures which are normally in the domain of the law” - therefore voted by Parliament - “for a limited period ”, On the condition of obtaining its authorization beforehand (its“ habilitation ”in the lingo), in a particular context as may be that of the Covid-19 health crisis, for example. International Committee of the Fourth International, The state of emergency in France from 2015-2017. To put it simply, the Constitutional Council states that once their deadline has passed, the ordinances "must be regarded as legislative provisions" in their own right, which was not the case until now. Significantly, the day before the Macron government approved the bill for a permanent state of emergency, Prime Minister Edouard Philippe unveiled the explosive measures it intends to use to deregulate French labor law. After the government of newly-elected President Emmanuel Macron announced last week its intention to extend the state of emergency until November, press reports yesterday confirmed that Macron intends to pass a law making the state of emergency permanent. While they continued to operate and receive NATO armament and assistance in Syria, they were used as an excuse to push through drastic attacks on democratic rights that would previously have been unthinkable. Another measure, titled “surveillance and other individual obligations,” lays out punishments that can be applied to “anyone who gives serious reasons to think that his behavior constitutes a threat of particular gravity to security and public order.” It would also allow the interior ministry, which reportedly wrote the law, to force people to wear electronic tagging devices. - Le Chili, après avoir ouvert la voie à l’abrogation de la Loi fondamentale héritée de la dictature Pinochet, se prépare à un processus constituant dont l’ambition est de donner plus de pouvoir au peuple… However, the fact that the government exceeds legislative authority is not an attack on the right to constitutional freedoms. A copy was provided to Le Monde, which reported its contents yesterday: “According to the bill, which Le Monde could access, the most severe measures of the state of emergency created in 1955 during the Algerian war—notably imposition of indefinite house arrest, the closing off of public areas, bans on public protests, and arbitrary searches and seizures during day and night time—will be inscribed in law with only marginal modifications.”, The judicial branch would be reduced to impotence, and the police and intelligence services given unchecked powers, Le Monde explained: “All these measures would be taken at the initiative of the Interior Ministry and the police prefects, without the intervention of a judge.”. Paul Cassia (Auteur) Carte Fnac+ à 7,99 pendant 1 an pour tout achat -5% livres en retrait magasin Cet ouvrage fait une synthèse et une analyse fouillée et précise des discours, actions et inactions réalisées sur la scène politique nationale de mai 2017 à décembre 2018. But we are confusing speed and haste and it is neither good for the quality of the law nor for the confidence that citizens have in the National Assembly. By suppressing penalties for improper job termination, and allowing companies and trade unions to negotiate contracts violating industry-level agreements and the national Labor Code, the bill reintroduces all the measures removed from the labor law last year amid mass protests. “This is an unacceptable passage of the state of emergency into the law of the land,” Professor Paul Cassia told AFP. The Constitutional Council, in a decision rendered on May 28, reviewed the legal nature of the orders. To the point of going so far as to speak of abuse, as some parliamentarians denounce? Paul Cassia, né en 1972, est un professeur de droit et écrivain français.. Biographie. partager. To fully understand the scope of such a decision, it is necessary to go back to article 38 of our Constitution, which defines the legal nature of orders. Paul Cassia. In the name of boosting French corporate competitiveness, it aims to scrap the existing obstacles on corporations’ ability to hire and fire. Tomorrow there will be no one to check on this. “In general, it was experienced by parliamentarians as a formal attack by the Constitutional Council on Parliament. Même analyse pour Paul Cassia qui juge que l’on pouvait aussi faire de l’examen de ces QPC une priorité, et que l’on pouvait réaménager les procédures de traitement au Conseil d’État et à la Cour de cassation. L'échec de la start-up Nation, La République en miettes, Paul Cassia, Libre & Solidaire. Until now, the state of emergency was imposed supposedly as a temporary measure, but constantly renewed, after the 13 November 2015 terror attacks in Paris. With these demagogic claims, Mélenchon offered political support to Macron as he prepared the framework for a capitalist dictatorship in France. L’ordonnance, outil fétiche de la présidence Macron Entretien avec Paul Cassia, professeur de droit public à l’Université Paris I. ... Pour contenter le plus grand nombre, Macron fâche tout le monde 5 déc. "We have the impression that we are going back 60 years, at the start of the Fifth Republic, when we distrusted Parliament like the big bad wolf," he laments. Macron plans to install a so-called “union cheque,” a sum of money provided by the company to the workers, but that the workers are required to hand over to a trade union of their choice. Le pays est dirigé depuis un conseil de défense, qui mène une « guerre » liberticide, usant de tous les leviers les plus antidémocratiques de la Vème république. These measures are to be imposed by the executive by decree, without a vote in either house of parliament, after an enabling act is voted handing over absolute power on social spending to the president. There is a blind spot which is nevertheless very dangerous since it allows the government to make, on the basis of authorizations, provisions on anything. For the past few days, Internet users have been worried about a decision rendered by the Constitutional Council on the legal nature of orders. Nevertheless, this frenzy of the order well symbolizes the turn taken by our governments in the exercise of power in the age of social networks and news channels continuously. Polémique Loi "Sécurité globale" : 33 personnalités appellent Macron à reculer ... Paul Cassia, juriste Patrick Chamoiseau, écrivain Hélène Cixous, écrivaine Culture. “It is a fundamental problem in reality: today we have to go fast, we have to stop asking questions, we have to legislate at all costs and the prescriptions correspond perfectly to that. Upon arrival, he fully assumed it. As journalist Pierre Januel revealed, "since the beginning of the year, we have counted 72, essentially linked to the Covid-19 crisis, and the interest of legislating in an emergency". Without those rights, state-armed vast police powers can rapidly evolve into a criminal regime employing police terror against the working masses. Yesterday, he criticized the measures as a “social coup d’état” and endorsed the claim that the law signified a “return to 19th century conditions” for working people. If most lawyers seem to be worried together about the potential consequences of such a decision, what about Parliament, the first concerned in this case? Le blog de Paul Cassia Recommandé par les abonnés Recommandé par la rédaction. Everything started from a decision made by the Constitutional Council on May 28 at the bend of a case of installation of wind turbines in Finistère. It seems that yes… ”So let's go check all this. While the money nominally transits through the hands of the workers, it comes not from the working class, but from corporate management, which intends to dictate the policy of the unions. And it is very serious. Affaire Françoise Nyssen ancienne ministre. Drowned by the technical and technical terms served by our interlocutors - who themselves admit the complexity of the subject for laymen - and on the verge of falling into vape, we then ask Paul Cassia to give us a concrete example of the risks that can cause this decision. This is why all the organizers of major terrorist attacks in France were known, without exception, to the intelligence services—including most prominently the Kouachi brothers who led the Charlie Hebdo attack and Abdelhamid Abaaoud, who led the 13 November 2015 attacks. https://t.co/IpzlSnbMXt. This is what Paul Cassia theorized under the name of ordinance-law, like the decree-laws dear to the Third Republic. From there, it would, in the first place, be false to say that the President of the Republic has assumed full powers, as stated in the post on the page "Yellow Vests Info". This Facebook group worries about a decision of the Constitutional Council - Screenshot. They no longer need to be ratified to have the force of the law. he wonders. This would signify the indefinite suspension of basic democratic rights in France, the effective ending of any oversight of police by the courts, and an attempt by the ruling class to turn France into a dictatorship. And yet, for the past few days, some Facebook pages have been worried about an article published on Public Senate entitled "Orders: a decision of the Constitutional Council seen as" a time bomb "". Le tournant autoritaire de Macron inquiète jusque dans son propre camp. These terror networks are closely monitored by France’s vast intelligence services and used as tools of the foreign policy of France and the other NATO powers. « Respecter la Constitution en période de crise est le signe d’un État solide. Though thousands of people are active in France and across Europe in the Islamist networks recruiting fighters for the Syrian war, only a handful were detained on terror charges under the state of emergency. Sans aucun doute le résultat d'annonces approximatives et de décisions qui, depuis un an, ont déçu les espoirs de ses électeurs en tournant le dos à son « projet ». It is the separation of powers which is under attack, ”regrets the parliamentary attaché of a deputy LR to the Assembly. There is a risk of seeing orders become law without even having been discussed or voted in the National Assembly, it is a dangerous door that has just opened. Macron’s attempt to make permanent the provisions of the state of emergency is an illegitimate measure, based on political lies. - JOEL SAGET / AFP “Everyone agrees to say that yes, answers Julien Padovani.The problem is that it is not only during these times of crisis that the government uses prescriptions, far from it. The government also plans to limit opposition from the trade unions by buying them off, resolving the problem of their illegal financing by the state and the employers by making this financing legal. Polémique Loi "Sécurité globale" : 33 personnalités appellent Macron à reculer 22 nov. 2020 à 21:46 | mis à jour le 24 nov. 2020 à 18:27 - Temps de lecture : This is what Paul Cassia theorized under the name of ordinance-law, like the decree-laws dear to the Third Republic. “Imagine that the legislator gives the government the power to adopt an act on strawberries. Imagine what it can be like if, tomorrow, we have a power that is more authoritarian than that we know today… ”. Par Paul Cassia Juriste Le livre de David Amiel et Ismaël Emelien évoque, en parfait miroir de ce qu’est pour l’heure le quinquennat Macron, les travaux des publicistes que Balzac appelle les « rienologues » : « La page a l’air pleine, elle a l’air de contenir des idées ; mais, quand l’homme instruit y met le nez, il sent l’odeur des caves vides. Paul Cassia est professeur agrégé des facultés de droit ; il est enseignant en droit public à l'université Panthéon-Sorbonne1 et consultant au sein du cabinet \"Corpus Consultants\", dont sont uniquement associés des professeurs agrégés de droit2. Paul Cassia professeur de droit public à l’université Paris-I Panthéon-Sorbonne. He warned that punishments “posing a particular threat to civil liberties” could be imposed “based on suspicion alone.”, Both of France’s principal magistrates’ unions condemned the bill. Faced with the strong reactions aroused by this decision in the judicial microcosm,the Constitutional Council published a comment more quickly than expected, a sort of explanatory note supposed to explain the reasons for which it took such a decision. “This is an unacceptable passage of the state of emergency into the law of the land,” Professor Paul Cassia told AFP. Now Macron intends to trample public opinion, forcibly reintroducing all the most unpopular measures and using them to attack social rights obtained in the 20th century by generations of struggle. ... — Paul Cassia (@PaulCassia1) December 10, 2020. ". After the decree-laws of the Third Republic, here, by the effect of a decision of the @Conseil_constit of May 28, 2020, the ordinances-laws: under the Vth Republic, the @gouvernementFR can legislate, to the detriment of the prerogatives of the Parliament . What did the institution say? Indeed, after a decision of May 28, many jurists fear a weakening of the powers of Parliament in favor of the executive. His target is not Islamist terrorists, but the working class, who face a confrontation with the Macron government with revolutionary implications. Macron’s moves to build a dictatorship in France must be taken as a warning by workers. 2020 Par Paul Cassia Only here, by rendering its decision on May 28, the Constitutional Council may have created a precedent in the history of the separation of powers in France (enshrined in article 16 of the Declaration of the Rights of Man and of the Citizen of 1789), by devoting, once this period of authorization has passed, the legislative value of orders not ratified. He added that his movement was “alone in presenting a humanist and Republican opposition” to Macron. A law “to reinforce the struggle against terrorism and interior security” was approved in the Defense Council on Wednesday. 2020 Par Ellen Salvi; This decline in the powers of the French parliament, which already has few, is not acceptable. Lawyer Concerned By Constitutional Council Decision On Legal Nature Of OrdersA hearing before the Constitutional Council on May 12, 2020 (Illustration). 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To make matters worse, this decision of the wise men of the rue de Montpensier comes in the middle of the quinquennium of a government addicted to ordinances as never before has any other been in the history of the Fifth Republic. The Trade Union of Magistrates (USM) called it “scandalous” and the Magistrates Union (SM) said it is a “juridical monster.”. The media and the previous Socialist Party (PS) government justified it based on the claim that it was the only way to help the police deal with the existential threat of attacks by Islamist terror networks active in France.
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