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Some links to see more clearly.
a) Decree of 6 December 2016: https://www.legifrance.gouv.fr/affichTe ... g4RW6M6Ofw
b) The end of the separation of powers by the World (June 2017): https://www.lemonde.fr/idees/article/20 ... _3232.html
There is no more separation of powers in France!
In a forum in the "World", a group of lawyers considers that the bill "reinforcing the fight against terrorism and internal security", on the agenda of the Council of Ministers on Thursday 22 June, is an attack flagrant to the rule of law.
TRIBUNE. "The situation was serious, but what did it prove? This proved that even more exceptional measures were needed, "wrote Albert Camus in La Peste. In a few weeks, the term state of emergency should no longer have place. However, we must not rejoice because the cassandres, so superbly ignored, who feared the worst, see their worst predictions come true: as early as January 2017, the National Consultative Commission on Human Rights (CNCDH ) was thus worried about the risk of "habituation" of French society to this state of emergency.
Published 8 June 2017, the draft law "reinforcing the fight against terrorism", which should allow, in the long term, to lift the state of emergency by incorporating certain exceptional provisions in the common law, is in this pernicious logic. Let's immediately recall some evidence.
If our societies are democratic, it is not only thanks to the votes, but also and especially thanks to the separation of powers: the legislature decides, the executive acts and the judiciary controls the latter. It is this precious balance that the government is wavering today.
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c) The same World breaks the hypotheses exposed in the video: https://www.lemonde.fr/les-decodeurs/ar ... 55770.html
No, France has not lost its Constitution
A rumor wacky, but evoked by militants "yellow vests", claims that our country has more fundamental law since late 2016.
"The whole government is illegal because France no longer has a Constitution. The rumor, claiming that our country has become, in the greatest secrecy, a dictatorship, has been circulating for some months on social networks, and is experiencing a new life in the movement of "yellow vests", some of which distributed leaflets to this subject in Normandy, according to the story of a journalist. There are also YouTube videos with more than two hundred thousand shares sharing the same theory.
WHEREVER THIS RUMOR?
It goes back to 2016, where it is mentioned on several far-right or conspiracy sites (Polémia, Wikistrike, Stop Lies, etc.). This is a rather smoky legal analysis, which takes as its source a controversial decree signed by Manuel Valls, then prime minister.
This decree instituted a general inspectorate of justice, under the supervision of the ministry and charged with assessing "the activity, the functioning and the performance of the courts". But this decree provoked an uproar. The Court of Cassation, the highest court of the French judiciary, denounced, in a letter to the Prime Minister, the fact that the "supreme court of the judiciary [is] under the direct control of the government ( ...) break with the republican tradition observed until today.
A handful of conspiracy and nationalist figures will draw from this decree and the protests of the Court of Cassation quite strange conclusions: according to these few people, including Serge Petitdemange or Eric Fiorile, videographers conspiracy and nationalists, this decree, since it devotes a incursion of the executive power in the field of the judiciary, leads to the end of the separation of powers.
From this point of view, these few people believe, the Constitution of the Fifth Republic, which provides for this separation, has ipso facto ceased to exist.
WHY IS IT ANYTHING?
The analysis obviously has something to make any lawyer smile, even neophyte: the Constitution is a fundamental text, superior to laws and decrees, which can not change it, but must instead comply with his spirit. In addition, the law is not an exact science but a subject subject to interpretation and arbitration.
And indeed, another institution, the Council of State, finally canceled in March 2018 the famous decree of Manuel Valls, on the grounds that it did not respect the independence of the Court of Cassation.
But the smoky theory of the "end of the Constitution" continued to know its small success on the networks, especially in the margin of "yellow vests". It serves to justify that the power of Emmanuel Macron is "illegitimate" and can be overthrown.
The cancellation in March 2018: http://www.conseil-etat.fr/Decisions-Av ... -et-autres
Yes okay it's canceled in March 2018 ... uh but Macron was elected in ... May 2017, so we could think that the authors are rather in the right: France no longer did constitution between January 2017 and March 2018 ??
d) 1793 Declaration of Human Rights and Citizen https://www.conseil-constitutionnel.fr/ ... en-de-1789
e) Jasper Mader's chain: https://www.youtube.com/channel/UCLIrMX ... GfQ/videos where was the original video posted
Are there lawyers, sociologists or political scientists in the room to see things more clearly?
