A democratic country like France, concerned with the protection of its citizens and their privacy, cannot remain indefinitely under the “state of emergency” regime. This would be detrimental to the very spirit of our republic, which has taken care to separate powers and ensure the independence of the Judiciary, which is the best guarantee of equality for all.
Having had to manage the deadly attacks at the Bataclan and the terraces and then on July 14th in Nice “live,” the former government logically implemented this measure, which, over the months and given the ongoing threats, was extended several times, and once again until November 1st. In the short term, there was no other solution. Some adjustments were made to prevent any excesses, but this did not stop human rights organizations from protesting against the unusually long duration of this exceptional measure.
When he left the Elysée, François Hollande left his successor the task of dealing with this “hot potato.” In the midst of an electoral campaign, he no longer had the political means to force anyone’s hand. And, above all, to exit from it against a large part of the public opinion still demanding more security.
Thus, Emmanuel Macron finds himself in the situation—or should we say the moral obligation—to close this exceptional period to common law. However, he chose to retain the essential elements to avoid disarming morally and legally the police forces engaged in the fight against terrorism.
The new president has therefore planned to subtly incorporate some of the provisions of this problematic state of emergency, extended for too long, into common law. It’s clever. Thus, we will have a state that has the taste and color of urgency without bearing its name. A true false front, designed to appease the fears of the public, soothe the prickly legal experts, and our European partners.
Can we do any better while the threat of an attack remains high? The question remains open. But who would take the risk of letting their guard down while we still mourn the 86 victims of the Promenade des Anglais and suffer alongside the injured and their families?
Law, spirit, letter, security… These questions must be approached calmly and without ulterior motives, because the times we are going through and the democratic stakes are as exceptional as this state of emergency…
by Jean-Marie Chevallier, Les Petites Affiches
