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The risk of the constant state of emergency

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The risk of the constant state of emergency

Editorial. To get out of this state of emergency in force since attacks of November 13, 2015, government has drafted a bill which contains main provisions.

Editorial of " World ". everyone knows terrible litany of terrorist attacks that have hit France in recent years. Our country is one of prime targets of jihadist violence that metastasis from Middle East. The defeats in Syria and Iraq organization islamic State re will not be an end in immediate future : a few of thousands of French enlisted under this banner will look, in one way or anor, to return to national ground and re will be an additional threat. The president of Republic and government know better than anyone else, as it is ir responsibility to protect French.

Because, in end, it is democracy itself that is being referred to, it is legitimate as it seeks to defend. She has done it. Since killings by Mohamed Merah in Toulouse and Montauban in march 2012, four specific laws have been adopted to strengn arsenal of criminal counter-terrorism, and several or related texts (on intelligence, communications surveillance, interception, security, etc.) have completed this device. Still more, since terrorist attacks in Paris in November 2015, a state of emergency has been introduced in France and extended to today.

Transpose

State of exception, by definition, it could not be sustained without undermining rule of law. The president of Republic, said on 3 July, before Parliament assembled in Congress : "I will restore her liberties of French in fall, because freedoms are condition for existence of a strong democracy. "The state of emergency has refore been extended one last time until 1st of November to enable government to organize output. Such is purpose of draft law prepared in June, adopted by Senate in July and that happens in discussion before national Assembly.

In reality, this text aims to transpose – albeit slightly amended – main provisions of state of emergency in common law : house arrest (extended to commune of person concerned), searches administrative (after authorization of judge of freedoms and detention, but it is hard to see how he could refuse it when it would be a terrorist threat), opportunity for prefects to close places of worship judged to be dangerous... All measures that transfer of executive power and police powers of justice. On border controls reinstated in November 2015, in derogation from Schengen agreements, government wants to sustain in a radius of 20 km away from borders mselves, but also about points of entry of foreigners in France (airports, stations...), allowing a wide expansion of identity checks.

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If State Council has validated project, many of lawyers, defender of rights, Jacques Toubon, and national Commission on human rights have warned against this trivialization of a state of exception and strengning of what Mireille Delmas-Marty, an eminent jurist, has called a " society of suspicion ". Convinced meet expectations of public opinion, government remains determined to pass this text to state, or even to cure it yet. He is wrong. Erase control of justice system undermines rule of law. The imperative of security can lead to cause of individual freedom, DNA of a democracy.

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