Tuesday, November 12, 2013

DID THE PREFET HAD THE RIGHTS TO IMPOSE HIS TIME TABLE ON THE "10 000 man MARCH"?

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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?

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 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 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.

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 

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!



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