In Paris, when justice annuls Anne Hidalgo, Anne Hidalgo cancels justice.
Has Anne Hidalgo decided to prove to us every day that she is incompetent and that of her teams? Although she planted herself on multiple folders who cost a small fortune to the city she runs, she shows a rather impressive casual stubbornness.
Hidalgo, catastrophes galore
Everyone has already noticed the repulsive dirt, in places, of the city of light. Invaded by rats, garbage collected in a chaotic way and a road often in a pitiful state, it has become the dirtiest capital in Europe. The change of Vélib 'provider proves to be a disaster. For the gallery, we wanted to get rid of JC Decaux society. Unfortunately the new operator chosen is unable to perform the service for which he had committed. How to justify that the services and the elected officials were not able to appreciate this risk during the examination of the offers during the procedure of call for competition? A careful examination of the procedure leading to such a disaster might be interesting.
And then there is the public signage market which is an important resource for the community and that the administrative court has had to reluctant for gross irregularities. Anne Hidalgo armed with his stubborn and capricious amateurism, managed his litigation despite common sense and generated expensive blockages. Usually, when a local authority sees one of its public contracts canceled, it usually adopts the quickest solution, that is to restart the procedure. At City Hall, we do not do like that, we are the City of Paris anyway! These decisions were systematically appealed to logically shrivell before the Court.
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The problem is that during the procedure, which can last for two years, there is no longer an enforceable market. This represents a loss of revenue of several tens of millions of euros. Small crisp detail, one of the markets was canceled because contrary to the billboard regulations adopted two years before by the city itself. That is to say, the mayor of Paris does not even respect the rules it has itself adopted. Congratulations again! We will add for the fun the privatization of the verbalization of paid parking, which saw agents responsible for the minutes drive without a permit and under the influence of alcohol and drugs. Here is standing ovation.
Riverside lanes: the arm of honor technique
But with cancellation by the Paris Administrative Court of the pedestrianization decision of the ways on banks, it seems that Anne Hidalgo has adopted a new technique vis-à-vis the jurisdictions: that of the arm of honor.
Some details about the procedure that led to this pedestrianization. It should be noted that this measure of closure of these roads to motor traffic is part of a more comprehensive development. These procedures are carefully organized by the urban planning code and are the subject of prior reports, impact studies, surveys and consultations that must make it possible to assess their scope and public utility. To arrive at a final decision adopted by the community. It is this one which was canceled by the administrative jurisdiction, and this because of the insufficiency of these procedures, which is not a small reproach.
The opinions concerning this pedestrianization, which nevertheless appears as a heresy source of pollution and monster traffic jams, are quite massively hostile to him. The least was therefore that the administrative tribunal is demanding on the quality of the procedures carried out upstream. With the court decision, the whole system collapsed. Two possibilities were then offered to the City of Paris. Either she bows to the judgment and repeats the procedure to reach a solid decision. Either she appeals and relies on the judgment of the Court. The problem is that in the case of contentious administrative proceedings, the appeal is not suspensive, and the annulment judgment is immediately enforceable, "notwithstanding appeal". Therefore, in both hypotheses, consequences of the cancellation, the lanes on the banks must be reopened to traffic. Since the decision that was used to support the closure no longer exists.
Beyond good and law
Anne Hidalgo chose to appeal but announced that she would not execute the court order. Delivering in some pretty crazy rantings, she did not send him to tell the magistrates. Right wing state ? Do not know !
Anne Hidalgo also announced that she would issue a new closure order to defeat the administrative court's decision and without waiting for the court to review the case. In good French, this is called an illegal measure, since the only motivation for what would be a simple road measure is to prevent the execution of a court decision. In administrative law, it is simply a misuse of procedure. Intended to defeat the application of the rules provided by the law in the matter of administrative judicial procedure, providing in particular the non suspensory nature of the appeal in matters of administrative litigation.
Oh, but tell me, this is not provided for in the Penal Code? Article L 432-1 says that : "The fact that a person acting in the public capacity, acting in the exercise of his functions, to take measures to frustrate the execution of the law is punishable by five years' imprisonment and 75,000 euros of fine. "
Well, Prosecutor Molins, a little in the moon? The arms of honor to the attention of the institutions of the Republic from the mayor of a big city, that does not concern you?
Say, Mr. Prefect, and all the advisers in Paris who are so many public officials, it seems to me that Article 40 of the Code of Criminal Procedure makes you obligated to report these facts likely to receive a criminal qualification to the prosecutor. You forgot the address of the courthouse?
Obviously, nothing will happen, nobody will move. The only question for the political staff is who will sit in the chair of City Hall in 2020. The rule of law is for the gallery. And too bad if what should be the capital of all the French sees its management confiscated by a small caste of incompetent amateurs. For the exclusive benefit of its customers, who has the means to live in Paris intramural.