Marc Salomone / blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon
Paris, Wednesday July 7, 2021
REFORM PROPOSALS FOR THE 2022 PRESIDENTIAL ELECTON DEBATE
1. Preamble
The declared or putative candidates in the 2022 presidential election all claim to want to reform France. There is indeed matter.
The news brings to the attention of all places of reforms imposed by the facts and demanded by all.
I briefly outline two examples:
2) – Justice
Budget or not; justice as it functions can no longer meet its obligations.
Its organization no longer gives it the authority to respond to modern challenges:
a- Its independence and the law in France
b- Of its reports to the legislative and executive Powers.
c- Accounts requested by the Nation on its activities.
d- European and world legal questions.
The turmoil is such that the President of the Republic "guarantor of the independence of the judicial authority" (Art.64) scheduled a political meeting with the magistrates in October 2021 to reflect on the reform of the institution.
On this occasion, it will have to
examine the questions of the public responsibility of the
magistrates, the independence of the justice, the means, etc.
This
is the perfect opportunity to train the French in the elaboration of
the reform which guarantees at the same time independence, serenity,
authority, justice, and at the same time allows citizens, to demand
them account. their activities and their judicial policy.
Cf .: art. 14 and 15 of the Declaration.
Of course, he will not be able to implement this reform but, on the occasion of this meeting with the magistrates, he will be able to solemnly state the principles and invite the French to register its implementation during the next five-year term.
This meeting between the Executive
Power and the Judicial Authority will ensure that the commitments of
the Head of State are binding on the government resulting from the
elections.
This reform should:
1- Respond to the concerns of
magistrates and the people:
a- The magistrates want to detach themselves from the supervision of the executive power; exercised by the orders received or the progress of the career.
b- The public wants magistrates to be accountable and for judicial policy to be discussed publicly and legally.
2- Give the authority to French magistrates to participate, sovereignly and not as subordinates, in the development of European and world law.
The only way this can be is for the Judicial Authority to become the Judicial Power.
A priori, nobody wants it, because:
1- The public does not trust justice. He endures it and he is more and more critical of it.
2- Magistrates do not want a status of Power which would give them public responsibilities.
he status of Authority suits them very well.
a- They can say that they are constrained by the Executive, the Legislature, the Administration, the leaders, the lack of means, the procedures, etc.
b- Corporatist and caste maneuvers with the Superior Council of the Judiciary (CSM) suit them perfectly.
B- However,
a- We should not think about the organization of justice based on our experiences and our prejudices. No reform would overcome it.
b- The magistrates are the only ones who can deliver justice and there will never be any other than those which exist and which produce the only valid filiation.
According to art. 3 of the Declaration:
a- Power must emanate from the Nation.
b- He can only do it by universal suffrage.
The French do not want the election of judges which would subordinate justice to local demagoguery.
On the other hand, there is an organization which is the founder of French justice and capable of exercising its conduct.
It is the Court of Cassation.
This Court must be elected by universal suffrage and gender parity.
It would then have the necessary authority to:
a- Co-develop a judicial policy with the government and ensure its continuity.
b- Organize the career of judges.
c- Unify case law.
d- Controlling private courts before they pose legal problems, cf. the Tapie case.
e- Respond to European and global legal challenges.
f- Ensure constitutionality checks
This would be an opportunity to get the lawyers out of confinement and to constitutionalize the status of the mentally ill and the cessation of the minority.
Georges Pompidou said that the success of the Fifth Republic is that it is a doggie who mixes parliamentarism with presidentialism.
Likewise, the Ministry of Justice and its Minister could continue to co-develop judicial policy, direct the prosecution, give its opinion on careers, intervene on disciplinary offenses, etc.
The magistrates, of the seat and of the prosecution, would nonetheless be free as to the development of their careers with regard to the government and assured in the exercise of their profession.
As shown by the conflicts of the European Union with Hungary, for example, this question of the popular emanation of the authority of the magistrates, their Power, will arise throughout Europe.
3) - Parity of both sexes
1- The dates
a- On July 8, 1999, Prime Minister Lionel Jospin made parity a constitutional issue.
This parity is conceived as a competition between the two sexes.
This competitive parity has amply demonstrated its inadequacy.
b- On September 25, 2019, during the Grenelle on violence against women, Prime Minister Édouard Philippe declared: "We must face up to the springs of something that could be described as collective bankruptcy".
c- The reform therefore aims to move from competitive parity to legal parity.
The two sexes form a parity in the conduct of all administrative structures.
1- The question
The whole of society is worn out by the continual maintenance of this institutional inequality of the two sexes.
A dominant owes his domination to the institutional effacement of the dominated.
It should come as no surprise that part of social reality is obscured by the need to constantly reproduce this public blindness.
We must therefore move from competitive parity to legal parity.
Unlike individuals, the two sexes are not in competition for their presence in the functioning of institutions and the conduct of administrations.
They are entitled to it.
We are present in the conduct of administrations because we are a man and because we are a woman.
It is therefore equally that the two sexes must encode the administrative fabric of society.
The farce of the shortcomings and insufficiencies of one sex in relation to the other is over.
2- The answer
I therefore propose to reform the Constitution as follows:
1- Remove the competitive reform of 1999:
Delete: Art. 1, paragraph 2
“The law promotes the equal access of women and men to electoral mandates and elective functions, as well as to professional and social responsibilities. "
2- Enter legal parity in 2022.
Enter: Art.1, paragraph 2
Public authorities, deliberative assemblies, directions and hierarchies of public services, de jure, de facto, by delegation or circumstances, the conduct of institutions and administrations, are made up of the equal, joint, de jure, universal presence of two sexes.
3- Maintain art. 4 paragraph 2 concerning "Political parties and groups".
“They contribute to the implementation of the principle set out in the second paragraph of article 1 under the conditions determined by law. "
Cahin-caha, the laws will follow.
4) – Conclusion
All the competitors will comment on the suffering of women and the crippling pauperization of justice constantly flouted by an intolerant executive.
1- If these reforms are not stated by a candidate, these palinodies will only give rise to the usual spiel without consequences once the election has passed.
a- Politicians have got into the habit of repeating over and over again that promises only engage those who believe them.
b- The voters understood the scenario and they no longer endorse it.
2- If these reforms were proclaimed before the assembly of magistrates received by the Head of State and before parliamentarians, they would become a political force in themselves.
a- It would be impossible to forget them under penalty of disqualifying oneself not only in the eyes of the French but of Europe and the world.
b- They would influence the rules of public debate both in France and in the EU.
This is to reflect, to debate, to write.
Marc SALOMONE
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