Tuesday, May 26, 2015

“The Republicans”: the UMP won the first legal set – Les Echos

The UMP can for now be renamed “The Republicans”. The High Court of Paris ruled that the “manifestly unlawful” and “imminent harm” cited by 4 parties or associations left and 143 individuals were not demonstrated.

Justice was asked to rule on the use of “Republicans”, which should be the future name of the UMP led by Nicolas Sarkozy. The appellation has already been adopted by the political bureau and activists must vote this Thursday and Friday, on the eve of a conference that the former head of state hopes refounder.

The response of justice is positive and the UMP will be able, for now, is renamed “Republicans”. The High Court of Paris has indeed declined to rule urgently on the application for prohibition of use of the name. The court, lodged an urgent application (emergency procedure) by four Left parties and associations and 143 individuals, found that the “manifestly unlawful” and “imminent harm” adduced by the complainants were not demonstrated. For the rest, it felt that the reasons of the complainants were part of a proceeding on the merits.

To call a probable

Shortly before the court in chambers of Paris rejected a request by lawyers of the UMP, even challenging the legality of this action. The court found that this claim was not sufficiently substantiated. The lawyers had filed a QPC and the grounds that the procedure would breach Article 4 of the Basic Law stipulating that political parties “are formed freely and conduct their activity” .

Nicolas Sarkozy quipped

“We are still in a country where the left looking to fix the name of the opposition party. This is particularly the federation of elected socialists who made the appeal to Justice “ said Nicolas Sarkozy before the UMP deputies assembled as every Tuesday before the questions to the government.
“The name referred to the party (Republicans) is unlikely. The party of François Bayrou called well the Movement of Democrats (Modem) … But we do not blame Mr. Bayrou “, as according to him ” de Gaulle created the People’s Assembly French (RPF). This did not prevent people to feel deeply French even though they were not members of the General party “.
” We will manage it as best as possible, we are not safe from a surprise “, also said the head of state, according to participants.

The game is far from over. The Republican and Citizens’ Movement (MRC) has already announced that it was appealing. “We will not abandon our public health approach” , in a statement Jean-Luc Laurent, chairman of the MRC. “France in crisis needs clarity; The approach of the President of the Union for a popular majority creates, instead, a dangerous confusion for those who are attached to the Republic and do not want her capture by a party “, says the president of the party Chevènement.

“We’ll probably call” , also said one of the lawyers of the four parties or associations from left, Christophe Lèguevaques after the court decision. However, it is not clear that such appeal procedure can take place before the congress on Saturday that should see the UMP become “Republicans”.

A substantive action?

Applicants have also announced their intention to initiate proceedings on the merits, a procedure that would take against by many months. For them, the disorder is manifested as “we are all Republicans by Article I of the Constitution” , which states that “France is an indivisible,” “and there, two thirds of the population are excluded “.

But this change would violate the law? Yes, say the complainants, as the UMP would deliver a particular “indirect denigration” of other political parties, the use of the definite article “The” suggesting that only this party is Republican . They also consider that the deposit by a communications agency close to the UMP three logos representing this new “brand” violates trademark law.

” We’re not going to take over the Republican term “

Opposite, the UMP supporters vehemently denied at the hearing Friday all will for the future ex-UMP and is awarded a patent of exclusivity Republican. “We’re not going to take over the Republican-term , has hammered Jean Castelain, the party’s lawyer. Once the name change officially recorded, “The Republicans” it will be us, but you’ll Republicans “, he launched the complainants.

He also called for the political history, considering that this was clearly marked lexical field to right: Union for the New Republic, Union of Democrats for the Fifth Republic, Rally for the Republic, or other Independent Republicans Republican Party. “Let’s be clear, to the left there is no use of the term Republican significantly. “

With AFP

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