Marc Salomone / Blog: madic50.blogspot.com / Book: The two forms, ed. Amazon.
Paris, Monday, April 11, 2022
REFLECTION ON THE FOUR-PAGE PROGRAM OF CANDIDATES FOR THE PRESIDENTIAL ELECTION OF APRIL 10, 2022 AND PROPOSAL FOR THE SECOND ROUND OF APRIL 24, 2022.
On Saturday, April 9, 2022, I receive the four pages from each candidate. I read it.
I am flabbergasted by the place of Women and Justice in these programs.
a- I compile the statements of the candidates.
b- I make a brief comment
c- I make a proposal for each subject.
The War is back in Europe and the candidates are in the ostrich on two essential questions.
I ask that they speak and invite the French to entrust them with the mandate of these two reforms.
Chapter 1: Women
1)- Women, reading in alphabetical order
I quote, except error, the mention of the word woman and its variations (mother, sexism) in each presentation.
I quote a few surrounding sentences to place the textual context of the use of the words.
1- Nathalie ARTHAUD
Not once the word woman.
Only one feminine: p4: "I am not a politician".
2- Nicolas DUPOND-AIGNAN
p.4: "field experience:
Bridge 3 of 7: To help women victims of violence. He created Emergency Housing for them."
3- Anne HIDALGO
p2: Together we will rise to the democratic challenge.
"...a plan to fight crime that finally provides security, especially to the working classes and to women, the first victims of violence".
p. 3: To support the Republic: 7 §
§ 6 of 7: “Fight against all discrimination, sexism, homophobia, racism and anti-Semitism. »
p4: (who am I?): "daughter of Spanish workers, committed woman, stateswoman, determined women, free women, women of conviction"
4- Yannick JADOT
p3: "Ecology for better living: 6 points:
Point 3: For youth, culture and the future of our children"
§ 1 of 5: “Over 200,000 places in nurseries. »
Point 5: "Concrete for equality"
§2 of 5: "Zero impunity against violence against women and facilitating the filing of complaints and the accommodation of victims. »
5- Jean LASSALE
P2 point 3 out of 10: "I want to ensure health for all:
§ 5 of 5: Recruit 100,000 nurses and orderlies over my tenure.”
6- Marine LE PEN
p2: As a mother, as a wife, as a Frenchwoman..."
p3: "Restore our way of life and stop immigration: 4 points:
Point 4: To protect our ways of life:
§1- Assimilation
§2- "I want to say especially to women that their abusers will never again go unpunished and their stalkers will have their names put on the sex offenders register."
I want to tell them that I will stand in the way of anyone who threatens them or their freedoms. »
7-Emmanuel MACRON
p2 and 3: My choices: 9 points
p3: point 6: "By trusting me, you will vote for the equality of all:
Equality between women and men. It was the great cause of the quinquennium which is coming to an end, it will be the great cause of the quinquennium which is to come.
Equality regardless of origin, by setting up, each large company, a so-called "testing" campaign which will ensure that no one is disadvantaged because of their skin color or their religion. »
8- Jean-Luc MELANCHON
p1: "I sum it up: point 2 of 5: fight for real equality between women and men"
p2: "Unite our people: 2 points
point 1: “It all starts with uniting our people. Let us reject the poison of racism, anti-Semitism and hatred against Muslims. I have worked there all my life fighting for human emancipation.
Point 2: "With a billion euros against feminicides, the equal pay bonus, the end of precarious employment and the working day in staggered hours, we will attack the heart of inequality: that between women and men. »
9- Valerie PECRESSE
p3: dot 4 of 6:
"Because the family is the pillar of all solidarity, I will rebuild a real universal family policy to help couples from the first child, to allow a better reconciliation of family and professional life and to support mothers who are raising their children alone.
Together, we will be exemplary in supporting our compatriots with disabilities. »
p4: My 25 measures:
point 4: Specialized judges to investigate domestic violence in 72 hours. »
point 11: Tax exemption of alimony for single mothers”.
10- Philippe POUTOU
p3: "End racism, sexism, LGBTphobia, validism": 9 points
a- We want a united and borderless society that welcomes all migrants
Items 1 to 3
b- We want equal rights, and means, to end violence against women and LGBTI people
point 1: Equal pay for women and men
Point 2: Abortion centers and maternity wards throughout the territory. Extension of the legal deadline for abortion.
Point 3: 100% reimbursement by Social Security of transition courses for trans people. Change of marital status on simple request.
c- We want an inclusive society for people with disabilities.
Points 7 to 9
p4: My application...I am addressing those..."
11- Fabien ROUSSEL
My France: 12 chapters.
Chapter 11: My France of Equality: 6 paragraphs:
§1: Make equal pay between women and men effective in one year.
§2- 1 billion euros to combat violence against women.
§3- The AAH not subject to the income of the spouse.
§4-Racism and anti-Semitism
§5- Discrimination related to gender and sexual orientation
§6- Membership fees for sports clubs.
12- Eric ZEMMOUR
p4- With Eric Zemmour a project to find France. In 7 points
Item 5: Buying power for all of you: §10
§ 5: Revalue widows' and widowers' pensions, by increasing the survivor's pension and restoring the half-tax share".
2)- Balance Sheet:
The word woman is systematically, specifically, uniquely associated with "violence against women", single mothers, sexual assault, abortion, equal pay.
It is included in the "fight against discrimination" and subordinated to the identity of their situations with those of immigrants and the disabled.
We are happy to learn that for all the candidates, women are, finally, migrants or handicapped like the others.
They went from "minor" to "minority".
150 years of feminist fights for that!
Simone de Beauvoir, help!
3)- Proposal
Women are not a percentage of the population.
They are one of the two constituent parts of humanity.
France must complete the constitutional movement known as Parity, begun in 1999 under the mandate of President Chirac and on the initiative of Prime Minister Jospin.
All assemblies and public departments must be joint.
The private sector is also wondering about this.
Consequently, each of the candidates in the 2nd round must ask the French for the power to act to install the two sexes equally in the management and organization of society.
4)- The technical debate
A- Competitive parity
In 1999, this is enshrined in two articles of the Constitution:
1- Art. 1 § 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- It is supplemented by Art. 4 § 2:
(Political parties) "They contribute to the implementation of the principle set out in the second paragraph of Article 1 under the conditions determined by law. »
a- Competition between the sexes is established as a legal principle.
b- This competitive conception of parity has failed even for women in the ruling classes.
B- Legal parity
To the extent that parliamentarians would like to take into account the failure of this 1999 reform, they would have to replace the competitive parity mechanism with the legal parity mechanism.
This requires that the equal participation of both sexes concerns all women and ultimately all men.
C-- Proposal
Under some redaction refinement, this would look like:
1- 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- Register
Art.1, paragraph 2
The public powers, the deliberative assemblies, the directions and hierarchies of public services, de jure, de facto, by delegation or circumstances, are constituted by the equal, joint, de jure, universal presence of both sexes.
3- Maintenance of Article 4, paragraph 2:
(Political parties) "They contribute to the implementation of the principle set out in the second paragraph of Article 1 under the conditions determined by law. »
The French would understand this legal simplification very well, in accordance with the law, unlike competition law.
Chapter 2: Justice,
I will not discuss here the central role played by law and the judiciary in modern society.
It is an established fact.
This is why the candidates say nothing about it, absolutely nothing.
I quote a few surrounding sentences to place the textual context of the use of the words.
A)- reading in alphabetical order
I quote, except error, the mention of the word justice and its variations in each presentation.
1- Nathalie ARTHAUD /
Not once the word Justice or its variations.
2- Nicolas DUPOND-AIGNAN
p.2: "Let's free ourselves from the thugs." Let's restore order.
a- For each offense a conviction and a sentence actually applied.
b- Minimum penalties for repeat offenders and attackers of police officers, gendarmes and firefighters.
c- Zero tolerance for violence against women and children with a criminal response within 72 hours. »
3- Anne HIDALGO
p2: Together we will rise to the democratic challenge.
"I will give more means to everyday justice"
4- Yannick JADOT
p3: "Ecology for better living: 6 points:
Point 5: "Concrete for equality"
§4 out of 5: Recruitment of 3000 magistrates
§5 of 5: Legalization of Cannabis
5- Jean LASSALE
P4, point 8 out of 10 "I want to guarantee a safe and peaceful France": in 6 points
§ 5 of 6: "Recruit 6000 gendarmes and policemen".
6- Marine LE PEN
p2: As a mother, as a wife, as a Frenchwoman..."
p3: "Restore our way of life and stop immigration: 4 points:
Point 1: To put France in order:
I will apply zero tolerance in every square meter of the territory.
French offenders will be put in jail and foreign offenders on the plane!
7-Emmanuel MACRON
p2 and 3: My choices: 9 points
p3: point 7: "By trusting me, you will vote to live better wherever you live, in the countryside or in the old town, in France or overseas.
§1: the sovereign
Live in safety with the strengthening of our armies and the implementation of the doubling of the presence of police and gendarmes on the public highway as well as the recruitment of magistrates and personnel necessary for rapid and effective justice.
§2- Health
p4: A pact between generations, 11 points
point 9: To strengthen daily security and fight against Islamism.
§1: policy
§2- recruit 8,500 additional magistrates and justice personnel by 2027.
8- Jean-Luc MELANCHON
p2: "Switch to the 6th Republic."
"It is time to convene a Constituent Assembly and entrust it with the power to set new democratic rules such as the right to a citizens' initiative referendum or the right to dismiss an elected official during his term of office.
We will enshrine in the constitution the fundamental right of every human being to be master of himself.
9- Valerie PECRESSE
p2: "However, for 10 years you have seen our country weaken considerably: rise in violence, uncontrolled immigration, purchasing power at half mast, essential public services-school, health, justice-out of breath...".
p4: My 25 measures:
§4: “Specialized judges to investigate domestic violence within 72 hours. »
10- Philippe POUTOU
nothing about justice
11- Fabien ROUSSEL
My France: 12 chapters.
Chapter 8: My France of public services: 3 paragraphs:
§1: Creation of 500,000 jobs to meet the needs of our public services at school, in health, in security, in justice..."
§2- Civil servant index point
§3- "old age" public service.
12- Eric ZEMMOUR
p3: my 5 priorities for France.
Point 2: Faced with scum, fear will change sides
§1- The facts
§2- I will finally protect honest people against scum...
§3- I will give our law enforcement the support they deserve and I will impose minimum sentences on lax judges so that they lock up offenders.
With me, fear will finally change sides.
B)- Balance Sheet:
The judicial question is assigned to the legal techniques of the specific repression of individual violence or the question of the number of magistrates.
No candidate calls on the French to give justice the institutional means to face international and European legal challenges.
However, these are now an integral part of French law.
Either they settle all issues by the ideology of "manpower". On the pretext that if no one works, nothing can be done.
Either they string the pearls of a subordination of justice to the executive power.
However, this has already been abandoned.
The executive power has relinquished most of its dictatorial rights over the judicial authority.
These promises which in addition will not be kept are verbal words with practically no grip on reality.
We will politely say that the subject is dodged, buried, forgotten, lost.
We know what it is.
C)- Proposal
1)- The approach
In a presidential approach, one cannot take the debate on justice at human height.
There is practically no group of French people, or even no French people, who can support the magistrates. They were already hated, rightly, under the Old Regime, they do everything to continue to be so.
The fact remains that they are the judges, the only ones, the only way to say the law.
The twists and turns about the Superior Council of the Judiciary, CSM, the independence of the prosecution, the definition of judicial policies, etc., place the reform of justice, its legitimist architecture, at the center of the political debate.
From whom do judges derive their legitimacy? Who do they report to?
Apart from developing sordid corporate lucubrations on the CSM, grotesque reveries on the independence of the prosecution, insipid litanies on the lack of credit, denunciations, deserved or sterile, of the action of the magistrates, no candidate has what what to say on this decisive question for France.
2)- Democracy
The purpose of the presidential campaign is not to spin the usual sterile chatter, critical platitudes and promises that only engage those who believe in them.
It is to give a goal and the ways to reach it.
The voice of the development of justice is Democracy, the presence of the People in the debate and in the judicial functioning.
So, the candidates say that the Judicial Authority becomes a Judicial Power and he says how.
All will have to align themselves with his words.
He can line up a few competent sentences on credits and jails. This is no longer the main point of the debate.
Anyway, the French know from experience that the candidates who stick to this chatter are liars.
The French will focus on
the responsible formulation of this desire to provide France with
modern justice.
Credits will follow.
3)- The popular mandate
Justice is either under the control of the Executive and Legislative Powers which sit by a popular mandate, or under the direct mandate of the People.
a- In one case, it is a judicial authority.
b- In the other, it is a judicial power.
The current trick is to drag the Judicial Authority towards the Judicial Power without resorting to the popular mandate. Hence the contortions around the CSM and the independence of the prosecution.
Georges Pompidou said of the Constitution of the Fifth Republic that it held because it was a mutt and not a purebred dog.
The candidate must propose a judicial mutt who guarantees government control over judicial activity while ensuring the complete independence of the magistrates with regard to it.
4)- Logic
A- The constitutional principle
The constitutional principles provide the rules for a democratic recomposition of the constitutional status of justice.
a- The independence of justice can only be granted, recognized, guaranteed, by the Sovereign, that is to say the People, the Nation.
b- The 1958 Constitution stipulates that "The President of the Republic is the guarantor of the independence of the judicial authority. »
No one wants it anymore and the executive power no longer dares to avail itself of this formula.
The "guarantee" must therefore be replaced by direct universal suffrage. The magistrates are then "representatives of the People".
c- Justice becomes a "Judicial Power".
This reform would establish that lawyers contribute to the exercise of justice, that the mentally ill come exclusively from medicine, that the distinction between minors and adults is a constitutional principle.
B- The base of the Judiciary
Over the centuries, the French judiciary has been organized from the primacy of the Parliament of Paris which has been called since the Revolution: the Court of Cassation.
1- It is therefore this judicial body that must be elected by universal suffrage and gender parity.
a- He thus has the sovereign constitutional and legal capacity to appoint all magistrates, the Headquarters and the Public Prosecutor's Office, the Directors of the judicial administrations, to rule on their careers, the Directorate of Judicial Services, to train in Chambers disciplinary.
b- This does not contradict the Executive Branch's definition of judicial policy.
2- Similarly, the Court of Cassation would have the powers to review the constitutionality of laws currently vested in a Constitutional Council.
a- It is absurd that an unelected body controls the representatives of the People.
a- This does not offer any professional guarantee other than the goodwill of its members, who cannot justify their presence.
b- The Constitutional Chamber of the Court of Cassation could be subject to a specific electoral list.
5)- Public consequences
The organization of elections for judges of the Court of Cassation would be a regular democratic opportunity for a national political debate on justice.
Conclusion :
By presenting these two expected reforms (like this or otherwise), the candidates would:
1- Voters to give the winner an enforceable right to set these reforms in motion and redefine the place of France on the various stages of their activities.
2- Professionals to get to work in their respective parts and elected officials to prepare for the debates.
When Georges Pompidou spoke of the merits of Corniaud, he was not speaking of a lame duck. He was talking about a success; the Constitution of General De Gaulle.
Marc SALOMONE
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