Abandonment of the blank record: the Keeper of the Seals evokes ... the Declaration of Human Rights

4.3 of 5 (3 votes)

  POLICY : ... the Minister of Labor received 1,13 million stock options while Danone was laying off

https://www.humanite.fr/stocks-options-la-ministre-du-travail-touche-le-pactole-sur-le-dos-des-emplois-639458

https://www.humanite.fr/la-journee-1-million-deuros-de-muriel-penicaud-639459

2 ... giving up the clean record for deputies the corruption is so great

https://francais.rt.com/france/41332-moralisation-vie-publique-lrem-abandonne-casier-vierge-elus

Anonymous contributor

Blank Locker 27 07 2017
Minister of Justice Nicole Belloubet

An amendment to the public life moralization bill, notably brought by Richard Ferrand, was adopted. The obligation of a clean criminal record for elected officials has been set aside to be replaced by an additional penalty.

The public life moralization bill is definitely giving deputies a hard time. Latest episode, the ineligibility of people who do not have a clean criminal record, a measure promised by Emmanuel Macron during his campaign, will finally disappear from the project following an amendment voted by the deputies on July 24.

During the discussions, the Minister of Justice Nicole Belloubet explained before the hemicycle that the prohibition for people who do not have a clean criminal record to stand for election automatically, without the jurisdiction pronounces, would infringe "the principle of the necessity of penalties" guaranteed by article 8 of the Declaration of the Rights of Man and of the Citizen. It also considered that the measure would be contrary to the principle of "individualisation of sentences". 

Therefore, faced with the "risk of censorship" of the Constitutional Council, which could judge the measure unconstitutional, the Keeper of the Seals welcomed a "welcome" initiative from the LREM group, which proposed an amendment to replace this provision with a “compulsory additional penalty of ineligibility” in the event of breach of probity.

One amendment and everything changes

Unlike the requirement of a clean criminal record, this penalty of ineligibility would not be automatic, but left to the discretion of the judges, explains the magistrate Eric Alt in a post published on the Médiapart blog.

As for the offenses that can lead to this sentence, the Minister of Justice said that the initial text of the bill was aimed at “crimes and misdemeanors of breach of probity”, essentially financial probity. She further noted that the adopted amendment contained a "very limited addition" to which she expressed her support, which adds to the list of offenses concerned "acts of discrimination, insult or public defamation, incitement to racial hatred, sexist or because of sexual orientation".

Nicole Belloubet however recognized that a question had not been settled, that of knowing “where to stop”, that is to say where to set the limit of the offenses leading or not to the penalty of ineligibility.

The duration of the sanction was also not mentioned, even if the bill of moralization presented at the beginning of June in the Council of Ministers provided for an additional penalty of ineligibility of up to ten years.

Last point raised by Eric Alt, the penalty of ineligibility could only apply to offenses committed after the entry into force of the new law.

The amendment to the bill was brought, among others, by the president of the LREM group in the Assembly Richard Ferrand, himself currently under investigation, open on the 1st June by the Brest public prosecutor's office in the case of the Mutuelles de Bretagne.

 

Read also: Coaster? LREM deputies no longer want to remove their benefits

 

source: RT.com via Anonymous Contributor

Further information :

 

  

  


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