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On the sly, before the first weekend of the year, the military has undergone a revolution. Friday, January 2, Gend XXI, the first professional association of police, was officially declared in the prefecture. Thirteen men of all ranks and from different body – riot police, county police, Motorized Brigade, Republican Guard, Air gendarmerie, etc. – Constitute the board of directors of this “union”
“union” somewhat unusual, since can not organize nor strike call or see its events and speaking strictly regulated.. The break is still strong: unlike the police, gendarmes, like other soldiers, were previously banned from the union and did not have the right to express
This breakthrough was made possible by. two judgments of 2 October 2014 the European Court of Human Rights (ECHR), which had condemned France for its absolute prohibition of trade unions in the police and the army.
“Opportunity to revive dialogue”
Lieutenant-Colonel Jean-Hugues Matelly, challenging the decision of his superiors to forbid him to join an association attached “the defense of the situation material and moral gendarmes, “ is the origin of this jurisprudence. It is also, logically, the source of the adventure Gend XXI. It was also he who fixed the birth of his association to January 2, when the judgments of the ECHR are considered final, but that France can no longer appeal.
A pure form of precaution, as seems a long time, in March 2010, when the squadron leader was removed Matelly frames – before the Council of State cancels the decision – by senior irritated by his free speech colliding According to them, the duty of reserve soldiers.
In a report commissioned by François Hollande after the judgments of the ECHR, the magistrate Bernard Fisher, a member of the State Council, consider ” desirable to undertake a fundamental reform opening a new freedom in terms of professional association “ of the military, and also believes that ” the state would gain in transforming the constraint posed by the judgments of the ECHR into an opportunity to strengthen and revitalize the internal dialogue “ in the military.
Of course, here and there, a few discordant notes are heard. At a hearing of the National Defence Committee of the National Assembly on Wednesday, 19 November 2014, the UMP Rhone Christophe Guilloteau quipped: “If the police wanted to unionize – what they want to do not – they could still join the police where they will find all the trade union comfort. I personally consider that introducing unionization military is a false idea. “
” It is not won “
The top hierarchy of the Gendarmerie supports it, the proposed professional association. “The decision of the ECHR certainly commit us to further evolve the terms of our internal dialogue,” wrote Denis Favier, Director General of the National Gendarmerie on his blog “Between you and me,” the November 5 . “Do not fear it and use this opportunity to further modernize the current channel of consultation and participation. “
With this support, Lieutenant Colonel Jean-Hugues Matelly does not yield provided triumphalism. “It is not won , he concedes. We are not five hundred gendarmes waiting for us to join Gend XXI, at most they are tens to have expressed their willingness to join us. The police are waiting to see if there is no catch, though some supervisors did not hold it against those that will appear in our association. “
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Most of all, the action of Gend XXI will be limited by two factors. First, a law must reform the defense code to provide a legal framework for professional associations of the gendarmerie and the army. The ministries of defense and interior are working on a bill “for a debate in Parliament in the spring of 2015 and adoption in June or July 2015″ says Bernard Fisherman in its report.
Most importantly, the organization integrates itself to the limitations described in its Code of Ethics, believing that “unionism strict sense is not adapted to the missions of the armed forces” . As a result, the first three articles of the Charter prohibit right of withdrawal, calling the strike or demonstration, blocking military installation and “criticism of political and military decisions of operational commitment decision or conduct operations of the armed forces “.
” Building a Program “
Gend XXI assumes its difference with the traditional unions. “We will not be in the defense of individual but collective interests, not in the claim, but in building a future project. We will not be calling for new spending, we will especially force proposal “, explains Jean-Hugues Matelly. The union opens avenues for reflection for men and more without blowing budgets: “In terms of road safety, the human should focus solely on prevention, radars being devoted to repression. “ Or, again in order to get reinforcements, ” when deleting a position like mine lieutenant colonel, rather than replace it with another officer expensive, it is best hire two young novice in the quarry “.
Meanwhile the law defining the legal framework of professional organizations, Gend XXI intends to use social networks and its website to solicit the police, for that they take ownership of that association and say what they want for their institution. “This will allow us to build a program that we will return to defend from higher authorities and policies” , hopes to Lieutenant Colonel.
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