The National Assembly voted Monday night to Article 1 of the draft constitutional revision to enroll in the Basic Law the regime of state of emergency by some environmentalists challenged provision and the Front left, for some right-wing members.
This first part of the draft constitutional law, which provides that the state of emergency will be “decreed in the Council of Ministers” or ” in cases of imminent danger resulting from serious breaches of public order, “or in case of” public calamity “(natural events), was adopted by 103 votes against 26 (and seven abstentions), in the presence of Manuel Valls .
three quarters of the chamber were empty for the vote on Monday night at 22:15 441 MPs were absent in the national Assembly, which has not failed to make react. Only 5.1% of deputies Republicans took part in the vote, 37.3% of Socialist deputies and 55.6% for environmentalists, the most represented Monday night
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An extension of four months, renewable
As at present, only Parliament may extend the state of emergency beyond the initial twelve days by a law fixing the period. With the favorable opinion of the Government, MPs voted just before an amendment of the UDI to restrict the extension of time to a maximum of four months, renewable after a parliamentary vote.
Faced with the questions of some members, as Jean-Frédéric Poisson (Republicans), the choice of four months, the president of the UDI, Jean-Christophe Lagarde spoke, among others, a parallel with the delay in after which the Parliament decides on military intervention of France.
Prime Minister, that this term “does not rely on specific elements,” found that this terminal four months “does not fundamentally change the balance in relation to what was voted for three months (for the state of emergency in force, ie) and gives a little more room.” This seems “reasonable” giving “sufficient time to deal with such threats that we know and allow Parliament to monitor and extend it if necessary,” he said. For Jean-Frédéric Poisson, none of these “arguments fully justifies” this passage to four months for a regime “not attentoire fundamental freedoms but still restrictive.”
Unable to dissolve the national Assembly
MEPs also added to the constitutional revision text the principle of parliamentary oversight of the implementation of the state of emergency, desired by several political groups, but considered unnecessary by some MPs LR. To the chagrin of the government and to the right, they also voted for a socialist amendment providing that the National Assembly meets by law and can not be dissolved during the state of emergency.
But they rejected the inclusion of the jurisdiction of the administrative judge as to administrative measures, the government considering this is his natural skill. Parliamentarians also refused an organic law, and not a mere ordinary law sets the authorized administrative measures.
Faced with such assaults Cécile Duflot (EELV) to frame more a state of emergency, the Interior Minister Bernard Cazeneuve blurted out: “as if the state of emergency was danger, not terrorism.” Since the attacks in November, 83% of house arrest and 61% of searches (outside area of the prefecture of Paris) were for “people in radical Islam,” which were stuck, and the rest was on “delinquent networks” may be related, he said.
“Civil liberties will be better”
ecologists, socialist “slingers” the extreme right elected Gilbert Collard and MPs Republicans such as Pierre Lellouche and Bernard Debré had unsuccessfully sought to remove the Article 1 synonymous with “decline our freedoms, “in the words of Noël Mamère (environmental group). But for the new Justice Minister Jean-Jacques Urvoas, “civil liberties will be better” and “in all European legislation, states of emergency in the Constitution.”
Francois Hollande wanted November 16 before Parliament convened in Congress three days after the attacks a new” constitutional regime “for the state of emergency. According to Manuel Valls, this should allow to frame “strictly the reasons for its initiation and its extension”, taken from the 1955 Act, legislation that created this exceptional regime during the war in Algeria and been hardened in November .
AFP Source
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