Tuesday, May 26, 2015

Does justice authorize the UMP to become Republicans? – L’Express

The UMP should become Republicans … or not. Emergency seized by associations and leftist parties and some 140 individuals, including five with the last name Republican, the Court of First Instance of Paris has to judge the legality of the new name Tuesday. The plaintiffs see an “appropriation of the common good” from the party chaired by Nicolas Sarkozy, who holds his new founding congress this weekend.

For the complainants, the disorder is manifested since, according to Christophe Léguevaques, a lawyer with the complaint, “we are all Republicans by Article I of the Constitution”, which states that “France is an indivisible Republic, “” and there, two thirds of the population are excluded. ”

For the complainants, including the UMP would deliver a “indirect denigration” of other political parties, the use of the definite article “the” implying that only this party is Republican. They argue that if Republican and was used as an adjective, as in the “Republican Party”, there would not mind. They also believe that by filing a communications agency close to the UMP three logos representing this “brand” violates trademark law.

“You will be Republicans”

In front of the UMP supporters were first challenged the legality of the action, filing a priority issue of constitutionality (QPC) on the grounds that the procedure would breach Article 4 of the Basic Law which provides that political parties “are formed and exercise their activities freely.” And they vehemently denied any desire for future ex-UMP and is awarded a patent of exclusivity Republican.

“We are not going to appropriate the term Republican,” has hammered Jean Castelain, the party’s lawyer. Once the name change officially recorded, “The Republicans will be us, but you’ll Republicans,” he began. He also called for the political history, considering that this lexical field is clearly marked to right: Union for the New Republic, Union of Democrats for the Fifth Republic, Rally for the Republic, etc. “Let’s be clear, left no Republican term use significantly.”

What the court will decide on Tuesday

The court will first rule on the QPC. If it passes it for consideration at the Supreme Court, the proceedings would be frozen, but it could still take precautionary measures, being in an emergency procedure. Otherwise, it will then decide on the request.

Whatever the decision, the game will be far from over. The party of the former president, the CEO Frédéric Péchenard denounces “a shameful political stunt”, will appeal a possible ban. Complainants must in turn take action on the merits, the judge ruling that the urgency on the basis of any “illegal nuisance.” And associations originally party to the complaint withdrew, announcing its intention to launch its own legal action.

The vote UMP activists, including the name change, scheduled for Thursday and Friday, would not be challenged by any decision favorable to the plaintiffs, which require only that the UMP can use this new name before a decision on the merits. But Congress “refounding” of Nicolas Sarkozy would take a severe blow.


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