how the protection of public freedoms has declined in France | EUROtoday

While reactionary forces are arriving or getting nearer to energy all over the place in Europe, can the French citizen belief the 2 predominant institutional dams, the Constitutional Council and the Council of State, each supposed to guard our rule of legislation and our elementary freedoms? In different phrases, can we sleep soundly whereas hoping that the Republic will resist the blows of a doable excessive proper energy, thanks particularly to the vigilance of the sensible males of the Palais-Royal (the place each the Constitutional Council and the Council of State sit) ?

There are most likely no extra urgent questions as we speak. And it’s them that the general public legislation specialist Stéphanie Hennette-Vauchez and the sociologist Antoine Vauchez assault of their work Judges far too sensible (Threshold, 344 pages, 23 euros). We would possibly as properly say it right away: their response is pessimistic to say the least.

The two authors certainly exhibit that these two establishments didn’t look ahead to the potential for such a democratic upheaval to permit themselves to slip down a worrying slope for nearly twenty years. From the introduction of their work, they put their foot down: “What happened to make our judges so oblivious to our rights and freedoms? » And to explain where they want to go : “The thesis of this book is to show that inseparably, the administrative and constitutional judges of the Palais-Royal were embarked, as much as they embarked the State, in a set of reforming programs which they declined into as many slogans and legislative and regulatory programs”relaying the imperatives of defending our freedoms to the background.

Since the tip of the Nineteen Eighties, and after an actual momentum in favor of public freedoms, particularly with the arrival of the left in energy, the 2 authors guarantee that the Constitutional Council and the Council of State have been, in a roundabout way, diverted from their founding mission. A diversion that’s all the simpler to hold out as there’s actual porosity between the members of those two establishments and the remainder of the French excessive administration, a type of everlasting backwards and forwards that’s broadly inspired. And lastly a shared goal: to not embarrass the State an excessive amount of.

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