Untersinger writes: "Just hours into a terrorist attack that started on the
evening of Nov. 13, and would eventually claim 130 lives, Francois Hollande
announced that France was reestablishing border controls, and used a 1955
law to proclaim a state of emergency."
Police patrol near the Eiffel Tower the day after a series of deadly attacks
in Paris. (photo: Reuters)
'Emergency' Measures Passed After Paris Attack in France May Become
Permanent
By Martin Untersinger, The Intercept
12 December 15
Just houses into a terrorist attack that started on the evening of Nov. 13,
and would eventually claim 130 lives, François Hollande announced that
France was reestablishing border controls, and used a 1955 law to proclaim a
state of emergency.
This 60-year-old law gives French law enforcement wide and sweeping powers,
freeing them from much of the normal judicial oversight. The law gives
prefects, the French governments local representatives, the ability to
place people under house arrest, based merely on the suspicion of the
intelligence service that they pose a threat to national security. They can
also order police raids targeting any place where they think information
about terrorism may be found, without a warrant.
Initially intended to last 12 days, the state of emergency was extended on
November 19 for an additional three months by both chambers of parliament.
During the vote in the lower house, only six MPs voted against the
extension.
In some instances, the concrete consequences of the state of emergency
border on the Kafkaesque. Theres this man, who was challenging the
requirement that he report frequently to a police station (one of the other
features of the state of emergency law). Because his court hearing to
challenge the requirement was late, he showed up 40 minutes past the time he
was supposed to be at the police station. He was immediately detained. Then
theres this man, who was placed under house arrest in southwestern France
because he was suspected of being a radical Muslim except he is a devout
Catholic. The police also raided a halal restaurant for no apparent reason.
Since last months attacks, there have been some 2,500 police raids, and
nearly a thousand people have been arrested or detained. French local and
national press are now full of reports of questionable police raids. So
outrageous were some cases that the French Interior Ministry had to send a
letter to all prefects reminding them to abide by the law.
The state of emergency, which was initially supposed to mitigate the threat
posed by Islamic terrorism, has been used to target environmental and
political activists who have nothing to do with radical Islam, let alone
terrorism. Several heavily armed police officers stormed the home of produce
farmers in rural France, and Le Monde reported that at least 24 people
closely involved with protests around COP21, the Paris climate conference,
were placed under house arrest. This includes a member of the legal team of
Coalition Climat 21, a well-established gathering of more than 130
organizations and NGOs. The French Human Rights League said the minister of
the interior was confusing terrorism with normal civic activities and
concluded, The state of emergency is a danger to civil liberties.
Yet rather than be regarded as a temporary measure for extraordinary
circumstances, the governments ability to declare an extended state of
emergency may soon be written into the constitution. François Hollande,
speaking in front of both chambers summoned in Versailles two days after the
attacks, announced his plan to modify the French constitution in response to
terrorism.
Although some members of parliament were stunned by the boldness of the
proposal, most welcomed the news.
A few weeks later, on December 1, the government unveiled the modification
it plans to submit to the French parliament. The first measure would write
the state of emergency into the constitution, because the 1955 law, even in
its renewed 2015 form, is likely unconstitutional. The government fears it
could be challenged all the way up to the French supreme court, especially
by those who have been raided by the police or placed under house arrest.
The second modification would put into the constitution the ability to strip
French citizenship from someone of dual nationality who has been convicted
of crimes against the fundamental interest of the Nation, or terrorism.
If both changes were to be adopted which appears likely it would be the
first time that a terrorist attack has triggered a change in Frances
constitution, and the first explicit reference to the highly debated word
terrorism in the constitution.
Ironically, the strong-arm measures put into effect by the socialist
government appear, in many cases, to echo those demanded by the National
Front, Frances largest far-right party. The day after the attacks, Marine
Le Pen, the leader of the National Front, said that France had to regain
control of its borders, close salafist mosques, and revoke French
citizenship from dual nationals involved in Islamic movements. She also
said that urgent measures [were] needed to tackle the terrorist threat.
Three weeks later, her party claimed 30 percent of the vote in the first
round of regional elections, more than any other party. The National Front
might even govern two of the 13 French regions after the second round.
Although regional governments in France dont have direct authority over
security and counterterrorism measures, the National Front appears to have
benefited in the elections from the post-attack climate.
The main political parties and their representatives have been supportive of
both the state of emergency measures and the modification of the
constitution, including Marion Maréchal Le Pen, Marine Le Pens niece, who
may be elected as the head of one of the regions after the second round of
elections next Sunday.
Weve been surprised by François Hollande, said Marion Maréchal Le Pen.
There has been some positive reorientation.
Error! Hyperlink reference not valid. Error! Hyperlink reference not valid.
Police patrol near the Eiffel Tower the day after a series of deadly attacks
in Paris. (photo: Reuters)
https://theintercept.com/2015/12/12/terrorist-attacks-spark-crackdown-consti
tutional-changes-in-france/https://theintercept.com/2015/12/12/terrorist-att
acks-spark-crackdown-constitutional-changes-in-france/
'Emergency' Measures Passed After Paris Attack in France May Become
Permanent
By Martin Untersinger, The Intercept
12 December 15
ust houses into a terrorist attack that started on the evening of Nov. 13,
and would eventually claim 130 lives, François Hollande announced that
France was reestablishing border controls, and used a 1955 law to proclaim a
state of emergency.
This 60-year-old law gives French law enforcement wide and sweeping powers,
freeing them from much of the normal judicial oversight. The law gives
prefects, the French governments local representatives, the ability to
place people under house arrest, based merely on the suspicion of the
intelligence service that they pose a threat to national security. They can
also order police raids targeting any place where they think information
about terrorism may be found, without a warrant.
Initially intended to last 12 days, the state of emergency was extended on
November 19 for an additional three months by both chambers of parliament.
During the vote in the lower house, only six MPs voted against the
extension.
In some instances, the concrete consequences of the state of emergency
border on the Kafkaesque. Theres this man, who was challenging the
requirement that he report frequently to a police station (one of the other
features of the state of emergency law). Because his court hearing to
challenge the requirement was late, he showed up 40 minutes past the time he
was supposed to be at the police station. He was immediately detained. Then
theres this man, who was placed under house arrest in southwestern France
because he was suspected of being a radical Muslim except he is a devout
Catholic. The police also raided a halal restaurant for no apparent reason.
Since last months attacks, there have been some 2,500 police raids, and
nearly a thousand people have been arrested or detained. French local and
national press are now full of reports of questionable police raids. So
outrageous were some cases that the French Interior Ministry had to send a
letter to all prefects reminding them to abide by the law.
The state of emergency, which was initially supposed to mitigate the threat
posed by Islamic terrorism, has been used to target environmental and
political activists who have nothing to do with radical Islam, let alone
terrorism. Several heavily armed police officers stormed the home of produce
farmers in rural France, and Le Monde reported that at least 24 people
closely involved with protests around COP21, the Paris climate conference,
were placed under house arrest. This includes a member of the legal team of
Coalition Climat 21, a well-established gathering of more than 130
organizations and NGOs. The French Human Rights League said the minister of
the interior was confusing terrorism with normal civic activities and
concluded, The state of emergency is a danger to civil liberties.
Yet rather than be regarded as a temporary measure for extraordinary
circumstances, the governments ability to declare an extended state of
emergency may soon be written into the constitution. François Hollande,
speaking in front of both chambers summoned in Versailles two days after the
attacks, announced his plan to modify the French constitution in response to
terrorism.
Although some members of parliament were stunned by the boldness of the
proposal, most welcomed the news.
A few weeks later, on December 1, the government unveiled the modification
it plans to submit to the French parliament. The first measure would write
the state of emergency into the constitution, because the 1955 law, even in
its renewed 2015 form, is likely unconstitutional. The government fears it
could be challenged all the way up to the French supreme court, especially
by those who have been raided by the police or placed under house arrest.
The second modification would put into the constitution the ability to strip
French citizenship from someone of dual nationality who has been convicted
of crimes against the fundamental interest of the Nation, or terrorism.
If both changes were to be adopted which appears likely it would be the
first time that a terrorist attack has triggered a change in Frances
constitution, and the first explicit reference to the highly debated word
terrorism in the constitution.
Ironically, the strong-arm measures put into effect by the socialist
government appear, in many cases, to echo those demanded by the National
Front, Frances largest far-right party. The day after the attacks, Marine
Le Pen, the leader of the National Front, said that France had to regain
control of its borders, close salafist mosques, and revoke French
citizenship from dual nationals involved in Islamic movements. She also
said that urgent measures [were] needed to tackle the terrorist threat.
Three weeks later, her party claimed 30 percent of the vote in the first
round of regional elections, more than any other party. The National Front
might even govern two of the 13 French regions after the second round.
Although regional governments in France dont have direct authority over
security and counterterrorism measures, the National Front appears to have
benefited in the elections from the post-attack climate.
The main political parties and their representatives have been supportive of
both the state of emergency measures and the modification of the
constitution, including Marion Maréchal Le Pen, Marine Le Pens niece, who
may be elected as the head of one of the regions after the second round of
elections next Sunday.
Weve been surprised by François Hollande, said Marion Maréchal Le Pen.
There has been some positive reorientation.
http://e-max.it/posizionamento-siti-web/socialize
http://e-max.it/posizionamento-siti-web/socialize
