Des milliers de livres avec la livraison chez vous en 1 jour ou en magasin avec -5% de réduction . Remarkably, this measure was reintroduced into the law even after it was ruled unconstitutional following its application under the state of emergency in December 2015. “This is an unacceptable passage of the state of emergency into the law of the land,” Professor Paul Cassia told AFP. Planète. And it is very serious. Affaire Françoise Nyssen ancienne ministre. There is little chance that this information, less sexy than a notarial report written in Aramaic, will make the front pages of the news or end up between pear and cheese during your next dinners with friends. ". “This is an unacceptable passage of the state of emergency into the law of the land,” Professor Paul Cassia told AFP. "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. L'enquête porte sur l'agrandissement du siège parisien d'Actes Sud, à l'époque où l'ancienne ministre de la Culture dirigeait la maison d'édition. Les grands textes de procédure administrative contentieuse by Paul Cassia ... "L'élection d'Emmanuel Macron à la présidence de la République puis d'une majorité La République en marche à l'Assemblée nationale en mai /juin 2017 a reposé sur ['engagement de renouveler en profondeur la vie démocratique et les politiques publiques. 2020 Par Paul Cassia This is what Paul Cassia theorized under the name of ordinance-law, like the decree-laws dear to the Third Republic. 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. Upon arrival, he fully assumed it. This one therefore takes a prescription for it, but at the same time it decides to addprovisionson apples. 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. 2020 Par Ellen Salvi; Yesterday, Macron’s measure met with bitter denunciations from legal experts and organizations representing the judiciary branch. Macron cite Wendie Renard en exemple dans ses voeux aux Français. Macron knows his plans for deep social austerity, a costly military build-up coordinated with Berlin, and the return to the draft are deeply unpopular and will rapidly face mass opposition. “Imagine that the legislator gives the government the power to adopt an act on strawberries. Enseignement supérieur et covid-19: leçon du silence 11 janv. It becomes complicated since the Constitutional Council said that these provisions are of legislative value, so they can only be challenged according to the mechanism of the QPC (Priority Question of Constitutionality), that is to say only with regard to fundamental rights and freedoms. After offering to serve as Macron’s prime minister in order to offer Macron “the trained hand of a wise man who knows where the happiness of the people lies,” he also said he would meet with Macron government ministers to discuss their legislation. 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. partager. 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. "Until then, continues Paul Cassia, the Council of State verified that the provisions of the ordinances taken by the government entered well within the field of the authorization, that is to say that one could take an authorization on the strawberries and the Council of State verified that the ordinance was on strawberries. The Constitutional Council, in a decision rendered on May 28, reviewed the legal nature of the orders. International Committee of the Fourth International, The state of emergency in France from 2015-2017. They no longer need to be ratified to have the force of the law. 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. 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. 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. he wonders. 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 . For the past few days, Internet users have been worried about a decision rendered by the Constitutional Council on the legal nature of orders. Paul Cassia, né en 1972, est un professeur de droit et écrivain français.. Biographie. That an order which has not been ratified by Parliament could have retroactive force of law once the period of authorization has passed, provided that the bill ratifying the order has been tabled in time outsourced. Lisbonne prend le relais de Berlin à la présidence tournante de l'UE. Lawyer Concerned By Constitutional Council Decision On Legal Nature Of OrdersA hearing before the Constitutional Council on May 12, 2020 (Illustration). 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. 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. Macron’s attempt to make permanent the provisions of the state of emergency is an illegitimate measure, based on political lies. 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 : Macron’s moves to build a dictatorship in France must be taken as a warning by workers. His target is not Islamist terrorists, but the working class, who face a confrontation with the Macron government with revolutionary implications. President Emmanuel Macron's government has been "too intelligent", the parliamentary leader of ruling Republic on the Move party said this week, sparking uproar. 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. A law “to reinforce the struggle against terrorism and interior security” was approved in the Defense Council on Wednesday. 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.”. 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". L'échec de la start-up Nation, La République en miettes, Paul Cassia, Libre & Solidaire. - JOEL SAGET / AFP 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 "". The ordinance, a favorite tool of the Macron presidency 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 … Environnement . "There were very few under Pompidou, Giscard or Mitterrand, and then suddenly we discovered that it was very practical and today Macron and his government are abusing it", abounds Paul Cassia. 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. 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. 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. Le tournant autoritaire de Macron inquiète jusque dans son propre camp. 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. 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. Paul Cassia. This is what Paul Cassia theorized under the name of ordinance-law, like the decree-laws dear to the Third Republic. Emmanuel Macron serait-il en train de dégringoler des cimes de l'Olympe aux tréfonds des océans ? The Trade Union of Magistrates (USM) called it “scandalous” and the Magistrates Union (SM) said it is a “juridical monster.”. "The big question was whether the Constitutional Council would assume this reversal or if it would on the contrary minimize it," explains Paul Cassia, professor of public law at the Panthéon-Sorbonne University and author of a very detailed article on the subject. 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. Imagine what it can be like if, tomorrow, we have a power that is more authoritarian than that we know today… ”. But to guard against any abuse of power on the part of the government, Parliament must ratify the orders within a time limit set at the time of authorization. “In general, it was experienced by parliamentarians as a formal attack by the Constitutional Council on Parliament. Accès Libre Paul Cassia vous explique quels sont les soucis autour du déplacement d’Emmanuel Macron à Las Vegas le 6 janvier 2016. In the name of boosting French corporate competitiveness, it aims to scrap the existing obstacles on corporations’ ability to hire and fire. It aims to shred basic democratic rights inscribed in the French constitution, including the right to strike and protest, as a result of the bitter experiences of the working class with fascist dictatorships in the 20th century. On the "Yellow Vests Info" page, this article is for example accompanied by an alarmist comment: "Is Macron arrogating himself without saying full powers? Paul Cassia se lance alors dans l'écriture de deux ouvrages parus aux éditions Libre & Solidaire : La République en miettes [19] et La République du futur [20]. 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. 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. Indeed, after a decision of May 28, many jurists fear a weakening of the powers of Parliament in favor of the executive. 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. “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. This claim is a reactionary lie. 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? Tomorrow there will be no one to check on this. Idées. What did the institution say? Entretien avec Paul Cassia, professeur de droit public à l’Université Paris I. L’ordonnance, outil fétiche de la présidence Macron 2021 Par Paul Cassia Fermeture des théâtres et cinémas: comédie au Conseil d’Etat 28 déc. 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. 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. Accès Libre Paul Cassia vous explique quels sont les soucis autour du déplacement d’Emmanuel Macron à Las Vegas le 6 janvier 2016. https://t.co/IpzlSnbMXt. - 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… Rediffusion d'été. As it is almost summer, let's take the case of a strawberry prescription. Parliamentary time tries to follow media time, which suits the government well. 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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. This Facebook group worries about a decision of the Constitutional Council - Screenshot. He added that his movement was “alone in presenting a humanist and Republican opposition” to Macron. ... — Paul Cassia (@PaulCassia1) December 10, 2020. 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. La république en miettes – L’échec de la start-up nation- Paul Cassia 2ème édition – 2020 L’élection d’Emmanuel Macron à la présidence de la République puis d’une majorité La République en marche à l’Assemblée nationale en mai/juin 2017 a reposé sur l’engagement de renouveler en profondeur la vie démocratique et les politiques publiques. 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. They were allowed to travel freely and prepare their attacks, as these networks are intelligence assets operating under state protection.