Are we free? ---- Starting the editorial of a review devoted to law and
justice with a quote from L'Homme révolté by Albert Camus, that can onlyattract our attention. Are we no longer in the blissful approval of the
rules imposed on a society that says nothing about them? "What is a
rebellious man? A man who says no. But if he refuses, he does not give
up: he is also a man who says yes, from his first
movement[...]Conscience comes to light with revolt". A militant
editorial that of issue 23 of the Délibérée review, a review run by the
Syndicat de la magistrature. ---- Here is an excerpt: "In a context of
major inequalities and a climate emergency that legitimately calls for
revolt, the vitality of our democracy is wavering in the face of
increasing restrictions on freedom of expression, demonstration and
association." Legitimate associations are protesting against these
attacks and are threatened with dissolution or cuts in funding. These
threats are sometimes made by ministers on the 8pm news, a PR stunt, but
are also carried out by zealous senior officials. This is without taking
into account the administrative measures prior to the demonstrations
that "directly contribute to annihilating political and social protest."
Délibérée opens the debate with specific arguments in a file entitled
Poursuivre les luttes.
A recent judicialization of social mobilization
The first speaker, Olivier Cahn, professor of criminal law at Paris
Nanterre, notes a recent judicialization of social mobilization. In a
liberal democracy, the demonstration requires the public authority to
find a balance between respecting the protest and preserving social
order. However, for many years, the criminal judge has been mobilized by
the public authorities to curb protests, failing to create a calm,
substantive debate. "The arrival of Nicolas Sarkozy at the Ministry of
the Interior marks the adherence to the doctrine of penal realism, which
postulates the essential role of the police in dealing with the social
consequences of neoliberal policies" and the criminal judge is seized.
Laws and regulations are increasingly restrictive in terms of freedom,
from Caseneuve to Darmanin. Right, left, the approach knows only vague
nuances. Certain attacks on freedoms set out in decrees annulled by the
Council of State are taken up by legislative means. Unfounded
assertions? The article contains a rich density of decisions of
administrative, criminal, European justice (the most liberal in this case).
Another article by Anthony Caillé, a police officer and CGT unionist,
develops a severe argument. Regarding the intelligence law published on
July 24, 2015, he notes that using "the fear of recent terrorist
attacks, the government has expanded surveillance well beyond terrorism
by including new grounds: "major foreign policy interests" and
"collective violence that could seriously harm public peace", very
broad, imprecise expressions that are therefore susceptible to various
interpretations". The dismantling of the Démeter network in conjunction
with the FNSEA is enlightening... The author multiplies examples and
questions the reader on the control to be carried out, that of the judge
is minimal, as are parliamentary and citizen control. Dissolving the protest
A lawyer, Camille Vannier, who specializes in defending many protesters,
questions, with examples to support her case, the "misuse and serious
violations of the rights of the defense that she has observed in the
procedures": lack of effective control of police custody, increasing use
of obstruction offenses, abusive systematization of the use of
identification records, development of alternatives to prosecution.
Another lawyer, Marion Ogier, and a sociologist, Pierre
Douillard-Lefèvre, discuss the methods used by the public authorities to
dissolve the protest. The use of strikes also faces severe restrictions.
Florence Debord, Professor of Labor Law at Lyon 2, notes the restrictive
definition of strikes and their exercise with the limits interpreted by
case law. She concludes her article with this observation: "As we can
see, the exercise of the right to strike is attacked from all sides:
often by employers, sometimes by judges, and increasingly by the
legislator." The last article addresses the issue of civil disobedience
referring to Thoreau, Gandhi, Mandela and by analyzing actions carried out.
Off-topic and equally interesting, articles relating to artificial
intelligence in the development of law, the usefulness of imprisonment,
the situation in Turkey and an article Orange, the harassment in trial
by Patrick Ackermann, unionist of Sud-PTT. The reading note of the book
La mine en procès. Fouquières-lès-Lens 1970 by Philippe Artières
underlines, more than fifty years later, the multiple political facets
of justice.
* Revue Délibérée
Issue 23, December 2024, Poursuivre les luttes
Ed. La Découverte
https://monde-libertaire.fr/?articlen=8196
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