The liberticidal week (episode 1/3)
The football euphoria of recent days has covered three cases of liberty for public liberties: the "crime of solidarity", the vote of the law "fake news" and the seizure of the endowment of the National Gathering. The latter was made possible by a confusing and particularly disturbing maneuver ...
While the national football team continued its brilliant career in the World Cup three events occurred in the French news, each manifesting a willingness to question and reduce public freedoms. Hard week concluded by the speech of the President of the Republic in Versailles before the Congress, which was far from reassuring on this point.
And one, and two and three zeros ...
The ranking in order of importance, shows in the first place the scandalous decision of the investigating judges of the Financial Center who at the request of the National Prosecutor's Office of the same name have seized the two million euros of public endowment that was to receive the National Gathering (RN), formerly National Front. As usual, the French elites always anxious to take the anti-fascist pose, and still locked in their culture of contempt for the law and principles, did not pick a word when they were not happy to see trampling on their own freedoms public.
Silver medal for, the new acrobatics of the Constitutional Council chaired by Laurent Fabius. The cancellation of the famous "Crime of solidarity", a new blow to the popular sovereignty, is in fact only the continuation by this institution of a project of drastic restriction of the powers of Parliament.
Third place on this sad podium: the secret vote by the National Assembly of the so-called "fake news" law, whose mere reading makes hair stand on the head of any consistent democrat. Hard week we said indeed, concluded by the speech of the president before the Congress. Which he has himself extracted a tweet in which he tells us his disturbing conception of individual freedom.
We already knew by Jean-Claude Juncker "That there could be no democratic choice against the European treaties (sic)". Obviously, it seems that Emmanuel Macron is of the same opinion concerning the exercise of his power in France. To combat populist leprosy, as he calls the opposition to austere Europe, he is not a supporter of alternative medicine.
The seizure of the endowment of the RN or the apparent desire to kill a legal party
The National Front candidate, Marine Le Pen, was very useful when the so-called "beaver" strategy turned her into a foil and allowed the election of Emmanuel Macron. The perspective of European is less attractive, the now RN can play an important role. How to prevent it? The solution was found with the new amazing feat of the infernal couple: National Financial Office (PNF) on the one hand and Instruction Pole of the same name. The magistrates who compose these two instances have their heads under the same cap. After chasing the Sarkozy for five years and destroys the candidacy of François Fillon, they apparently decided to destroy the party whose candidate has collected nearly 40% of the votes in the last presidential election. In all impartiality naturally.
Brief description of the manipulation. Since the 1990 law, In France there is public financing of political life. To avoid renewal crazy money years and curbing the corruption that accompanied them legislator adopted a system based on three principles: public funding of parties in proportion to their electoral weight, limitation of expenditure for campaigns, and control by an independent administrative authority. As regards the amount of money allocated to each political party, it is calculated on the basis of the election results during the legislative elections. Which is the only legal criterion of the calculation and the only legal support of the payment. From the moment you are organized as a political party in the forms provided for by the law and you have obtained such or such election result, the State MUST you your endowment. Oh yes, but no, the PNF does not hear it that way, followed by two judges of instruction which one wonders what took them.
A law against organized crime
The National Front (now National Rally) and some of its leaders are currently being prosecuted, suspected of having used European parliamentary attachés to directly political functions for the party itself. For the moment, no guilty verdict has been taken. The case has been under investigation for a number of years and we are far from guilty on the merits. Some people then visibly wondered how to weaken or even kill the National Gathering, in the run-up to this European election which should not be unfavorable to him. Eureka! Let's use a text that has nothing to do with the subject matter of the instruction, a text intended to fight against the great banditry. That is to say, the law of March 27, 2012 on the confiscation of criminal assets. According to this, it is possible to confiscate, before a possible conviction, the assets of persons prosecuted, since the fraudulent nature of their acquisitions has a direct link with the criminal activity. The best example is the money for drug trafficking that has led to the acquisition of a luxury car, which can be seized. It is a measure that puts into question the principle of the presumption of innocence and is therefore very much framed. First of all, this possibility is only possible for certain offenses (see page three of the circular), and then the attachment order must be motivated in particular on the close link between the criminal activity and the acquisition of the property.
Obviously, the use of this text intended for gangsters and bigots has nothing to do in the procedure currently followed at the Financial Center. The possible "Misappropriation of European public funds" does not appear in the list of offenses subject to confiscation. There is, of course, no direct link between the latter and the State's endowment to the RN, the only legal support of which is its election results.
Smile, you are fooled
He nevertheless found two magistrates to consider that there was a direct link between the possibly fictitious nature of the jobs of European parliamentary attachés and the payment of the endowment! With the following reasoning: the parliamentary attachés worked only for the party (which remains yet to be established), and this allowed the National Rally (then National Front) to obtain the electoral results on the basis of which is calculated the staffing! It's a shameful reasoning, but it seems that the objective is to carry a blow that one hopes will probably be fatal to a legal party that enjoys the confidence of a large part of French citizens. It is unfortunately likely that this very serious blow to political freedom in our country will not cause any frowning in either the investigating chamber or the Court of Cassation.
Who's next ?
Very serious blow. How to qualify otherwise an act that creates such a dangerous precedent. So like that, it will be enough that the PNF or any association seize a judge of instruction for real facts, trivial or simply imaginary, so that one can cut the food to the political parties which interfere? Fools, shoddy antifascists, who rejoice loudly at what happens to the RN would do well to think a little and understand that they are next on the list. As I have always done, I will continue to fight the National Rally, but on a political basis. Never with liberticidal expedients implemented by those whose fundamental mission is however to enforce the law and public liberties.
How could such a drift, of which the Sarkozy and Fillon cases were the emblematic aspects, have occurred? Because of two things one: either this decision is the fruit of a request of the executive power, or the Financial Center, flanked by a PNF apparently connivent, became a directly political tool. The selectivity of the PNF in the choice of procedures, which scrupulously spares the friends of power, the length of instructions Pole of Financial Instruction (up to 25 years for Karachi) always directed against the same, and which are not activated, in liaison with the media only for political occurrences, place a heavy suspicion on the magistrates.
And what about this approving silence at the Élysée and Matignon?
Tomorrow: the repeal of the "crime of solidarity"
Regis de Castelnau
Avocat.Régis de Castelnau animates the blog From Law since 2012.
By devoting his professional life to Social Law and Public Law, of which he was one of the first active practitioners in the legal profession. He added an academic, doctrinal and editorial activity. At the same time, he has held responsibilities in NGOs that have allowed him to complete his international experience.
Having the immodest to think that he had perhaps a point of view that may interest some, he took the desire, first for the pleasure of communication and writing, to launch in the writing and direction of a blog. For the taste of controversy and debate too.