Last updated on 28th July 2019
FALSE GOOD NEWS!
The Constitutional Council yesterday (April 4th) censured the provision on the administrative in-advance ban on protests, which made up the government’s well-known “anti-breaker” law.
At first it seems like good news … but on the contrary, it is only the tree that hides the forest!
Why we shouldn’t rejoice at all?
This provision was unrealistic in view of constitutional principles! And that is why Emmanuel Macron himself referred to the Council of Sages (Constitutional Court).
First of all, to cut the grass under the feet of “La République en marche” rebels who threatened to join the left because of this topic. He thus puts on the robe of the defender of rights, a good role that is difficult to criticise for his camp and his political opponents.
Then this referral will allow to prepare the ground at the level of the Constitutional Council…
“This referral will remove doubts, it will lift all suspicions,” Castaner explained two weeks ago.
Yesterday (April 4th) the Council did not invalidate the PRINCIPLE in itself, but only rejected the provision … It asks that the article be revised and corrected to be more precise and less vague concerning the evaluation of reasons that could justify a ban by a prefect.
But that’s not all!
The Council not only gives the reigns to the government for this provision to be applicable, but it also reinforces and above all the very principle of the individual and in-advance administrative ban on protesting!
This is a direct and by the book attack on the constitutional right to protest.
By doing this, the government, with the help of the “sages”, is thus protected against the forms of appeal that could come via multiple lawsuits, as was the case in previous years.
The government will now go back to work to ensure that this provision is adapted and proportionate …
Macron marks a nice political coup, he ensures over time the effective implementation of this provision, but in addition he can wash his hands in the eyes of the public and his political camp.
It must also be emphasised that the censure only concerns this article (of the draft law)!
The others, including the offence of concealing one’s face, has been validated by the Constitutional Council.
REMINDER: Originally the “anti-breaker” law is a law of the right-wing coming from the Senate (Retailleau-LR), which was symbolically voted on last year and was recently opportunistically snatched by the government in the context of the Yellow Vests movement. It’s even better – this text was reinforced on these provisions, so it’s “firmer” than the original!