The president of the
Grass-Root movement, in an interview by Jeantou over MSR TV declared
that one of his differences with the organizers of the called “10
000 man march” was the fact that the Prefet rejected the time table
decided by the organizers of the march and imposed his own time
table.
Rey, president of the grass-root movement claimed that from his point of view that behavior of the prefet was unacceptable.
The question that I'm sure is hunting many is to know if president Rey has a point? Is he right? Is he wrong? Is he an outlaw?
Rey, president of the grass-root movement claimed that from his point of view that behavior of the prefet was unacceptable.
The question that I'm sure is hunting many is to know if president Rey has a point? Is he right? Is he wrong? Is he an outlaw?
Because it will be
sending the wrong message if proving that the very manifestation in protest of
injustice to be itself a victim of injustice and this with the
complicity of its very organizers
In search for
answers let us analyze the law regulating manifestations involving
occupation of public property or public highway:
First point: It is
important to make the difference between an association deciding to
organize a manifestation involving the temporary occupation of public
property or public road from a manifestation of protest on public
highway.
The former that is not a manifestation of opinion, is requested by the law to demand an authorization from the competent authority: Prefecture, Sous-Prefecture, Mairie or COM.
The former that is not a manifestation of opinion, is requested by the law to demand an authorization from the competent authority: Prefecture, Sous-Prefecture, Mairie or COM.
The latter on the
contrary, manifestation in protest, manifestation of opinion, comes
under the “LA DECLARATION DES DROITS DE L'HOMME ET DU CITOYEN
(1789).
The rights to
protest (Manifestation revendicative) on public highway is a fundamental rights of all democratic
countries and is also guaranteed by the French Constitution.
IN FRANCE THE RIGHTS
TO PROTEST ON PUBLIC PROPERTY OR ON HIGHWAY FALLS UNDER THE LIBERAL
SYSTEM:
Manifestations in
protest in france are not subject to any prior authorization, all the
law demand is a “DECLARATION” 3 days by the latest and 15 days of
most before the date predicted for the manifestation.
The authority receiving the declaration is under the obligation to deliver immediately a receipt. This is all that is needed to proceed with the manifestation.
By law it is imperative to state in the declaration the aim of the manifestation in protest.
The authority receiving the declaration is under the obligation to deliver immediately a receipt. This is all that is needed to proceed with the manifestation.
By law it is imperative to state in the declaration the aim of the manifestation in protest.
The competent authority informed has no power to forbid the manifestation unless it is for serious and precise threats to public order.
Any decision to
forbid the manifestation in protest must be subject to an official
decree and notified to every organizing member signatory of the
declaration. And can be appealed before the court of justice.
Note that the organization of manifestation on public highway in conformity to local traditions are not subject to prior declaration.
By law the
organizers that neglect to make the legal declaration or found guilty
of false declaration are liable to condemnation, meanly a penalty to
the maximum of 7 500,00 Euros.
But in reality of facts this law obliging prior declaration can be said to be only respected in Paris, in all the provinces of France, to very rare exceptions, manifestations in protest are carried out in complete disregard of the legal norms and no one pays any attention to this fact.
But in reality of facts this law obliging prior declaration can be said to be only respected in Paris, in all the provinces of France, to very rare exceptions, manifestations in protest are carried out in complete disregard of the legal norms and no one pays any attention to this fact.
In all the provinces
of France, the people simply exercise their freedom to manifestation
on public property or public highway in complete disregard of the law
demanding prior declaration.
Laws can be one thing and the reality of facts can be a far different thing and this often in the complete indifference of the competent authorities
BUT NO ONE SHOULD IGNORE THAT IN THE SPITE OF THE REALITY OF FACTS THAT THE LAW STILL EXIST
Laws can be one thing and the reality of facts can be a far different thing and this often in the complete indifference of the competent authorities
BUT NO ONE SHOULD IGNORE THAT IN THE SPITE OF THE REALITY OF FACTS THAT THE LAW STILL EXIST
THE ANSWER TO THE
QUESTION: WAS REY THE PRESIDENT OF GRASS-ROOT RIGHT OR WRONG?
HE IS RIGHT: The
power of the competent authority, Prefet, Sousprefet, President of
COM.... to forbid or intervene in the organization of a manifestation
in protest is strictly limited to the case of serious and precise
threat to public order and can never be grounded on a question of
timeliness.
It's a question of
principle! When we demand JUSTICE we must be capable of recognizing
INJUSTICE!
No comments:
Post a Comment