Sorry to post late again today, but I was busy. However, the reflection was 'fruitful'. Because while reading the news, I was again moved by our dear deputies who, yesterday, tried again to pervert our dear Nation… I therefore wanted to share my indignation with you. These deputies who had already illustrated in the context of their retreats and had not given the example. Whereas in what concerns us the choice has been imposed on us. They are trying, through the voice of Christian Jacob, to pass a fine measure, a measure which is emblematic, if you think about it... The latter substituted in the bill for the election of deputies, the prison sentences systematically incurred in case of false declaration of income by the sum of €30,000 fine, where a simple citizen risks 5 years of imprisonment and the increase and taxation of the sums subtracted.
Which prompts me to ask myself what is the interest for the Nation of this measure, and to what extent does the capital of the deputies grow? And why ? Apart from their emoluments or investments that they can justify, I don't see? So why this UMP deputy, as well as the president of the UMP Mr. Cope, did they ask for this measure? Do they feel concerned? Do they have income to hide? I think we should ask the opinion of the Commission for the Financial Transparency of Political Life CTFVP feared so much by François Copé, so that it looks dynamically at these remunerations, this for the good of the foundation of our democracy, unless that's exactly what they want to avoid...
Because what is certain is that in the current period the lobbies must be active...
So we have to protect ourselves democratically. Unfortunately, on the other hand, the maneuver of the above-named Christian Jacob and our dear UMP president succeeded... But the triumph seems to be modest for Mr. Christian Jacob who, in the video which follows, skilfully turns the proposal...
But don't be fooled by the official propaganda, from what I've gathered the changes are subtle, but the purpose is avowed, from the report: "Public authorities: simplification of provisions of the electoral code and financial transparency of political life"
Deletion of article 4 (which provided that the declarations of assets submitted to the Commission for the financial transparency of political life at the end of the exercise of the mandate or functions should specify the details of income during the exercise of the mandate or functions functions) (Provision introduced on the initiative of the Rapporteur, to be consistent with the vote on Article 1er ter of the draft organic law relating to the election of deputies)
Depriving the CTFVP investigative power.
It will therefore be necessary that, without the detail of the income, the fault is constituted and falls within the scope of the "Draft organic law relating to the election of deputies, n° 1887, tabled on July 29, 2009"
Article 1a (new)
Creation of an incrimination (sanctioned by 2 years' imprisonment and a fine of €30) in the event of a deliberately incomplete or misleading declaration of assets transmitted by a parliamentarian to the Commission for the financial transparency of political life. Possibility for the judge to pronounce two additional penalties: deprivation of civic rights and ban on exercising a public function (Provision introduced on the initiative of the Rapporteur)
Article 1 b (new)
Transmission of documents to the Commission for the financial transparency of political life: parliamentarians will have to communicate to the Commission the declarations of income tax and solidarity tax on wealth that it will request. The Commission may contact the tax authorities to obtain a copy if the parliamentarian fails to communicate it within 2 months (Provision introduced on the initiative of the Rapporteur)
Tempted by an account offshore MPs ?
On the left as on the right, the reactions are multiplying after the aborted attempt of the president of the UMP group in the Assembly to remove the criminal incrimination for the deputies who would knowingly omit to declare part of their heritage.
Despite the withdrawal of the amendment of the president of the UMP group Christian Jacob, the secretary general of the presidential party Jean-Francois Cope and fifteen UMP deputies who planned to remove a new criminal offense for deputies who lie about their heritage, the controversy swells Tuesday, December 21. On the right as on the left, the reactions multiply between anger and incomprehension.
Roland Muzeau, spokesperson for the Communist deputies, judged that "the refusal of transparency feeds the mistrust of our fellow citizens". "Jean-François Copé and Christian Jacob committed a serious act“, he declared in the corridors of the Assembly. “They acted on two categories of French people: those who have rights and respect them and those who are exempt from them. These are the ones who make the law, it's quite dramatic," he added, stressing that "this refusal of transparency feeds the mistrust of our fellow citizens".
The group president PS at the Assembly Jean-Marc Ayrault thus wondered why the general secretary of the UMP, Jean-François Copé "is at the maneuver each time it is a question of transparency".
"For what strange reasons each time it comes to transparency Mr. Copé is at work? We could talk about conflicts of interest. This is about parliamentarians. It's all bad", he declared during the press briefing of the PS group in the Assembly.
Jean-Marc Ayrault also spoke of measures "harmful" in a context where citizens "doubt the institutions, justice, the police, because there are unacceptable behaviors. When the Minister of the Interior behaves as he behaves, he casts doubt on the confidence of the citizens in the rule of law". "We have done everything to combat this attitude. We have succeeded in pushing back the UMP majority even if we would have liked to go further," he continued.
A "need for transparency and sanctions"
The group president New Center at the Assembly Francois Sauvadet has, for its part, judged "particularly shocking" that UMP deputies have subtracted any prison sentence from criminal incrimination.
"I found what happened last night particularly shocking. We need transparency and sanctions," said François Sauvadet, after the weekly meeting of the NC group. "It's unacceptable! I don't understand why this signal is being sent to public opinion today!", he exclaimed to the press.
He further judged "shocking the questioning of the work done in committee", arguing that a consensus had been reached on the issue.
He also strongly criticized the use of second deliberations [new vote on this or that measure, editor’s note] requested recently on several occasions by the government.
For his part, the spokesperson for the Modem Yann Wehrling judged "shocking" and "disturbing" the debate on financial transparency for MEPs and denounced "unequal treatment between MEPs and citizens in the face of the law".
Yann Wehrling was initially surprised by this "that it is necessary to legislate on these subjects since transparency in terms of financial declaration is valid for deputies as for any citizen".
He found it "very disturbing" that the president of the UMP group and the secretary general of the presidential party wanted to "decriminalize lying, when at the very least, we would like equal treatment between the citizen and the deputy".
According to him, "this unequal treatment in the face of the law is very shocking. We make political compromises between friends when, here, it is a question of being fair and balanced in relation to the law and in relation to everyone And from this point of view, a deputy is a bit like everyone,” added the spokesperson for the Democratic Movement.
"Incomprehensible"
On the side of the majority and the government, the embarrassment is perceptible. As with the Minister of Labor and former secretary general of the UMP, Xavier Bertrand, who judged "incomprehensible" that Christian Jacob and Jean-François Copé opposed, before renouncing it, the creation of a criminal offense for fraudulent deputies.
"It is incomprehensible to have proposed such an amendment and the deputies were right not to follow" the president of the UMP group and the secretary general of the presidential party, he declared to AFP. “If I had been a deputy, I would not have voted for this amendment either” Copé-Jacob, added Xavier Bertrand.
The UMP President of the National Assembly, Bernard Accoyer, he was content to qualify as a "profound change" the fact that a deputy is now "sanctioned" in the event of deliberate omission on his heritage or false declaration.
"It's a profound change with major consequences," he commented during a press conference before explaining that"There is now a new criminal offense in the event of false declaration of assets by deputies".
It "includes the sanction, major for an elected official, of ineligibility notwithstanding the penalties of fines and all the consequences that justice can draw from it", he added. "This is what was expected," he said again, referring to the recommendations of the Mazeaud commission. "We are at the beginning of the shuttle" between the Assembly and the Senate, he noted.
Asked about the position of Christian Jacob and Jean-François Copé and part of the UMP group, Bernard Accoyer kicked into touch. “There was a debate,” he replied. "Ask them!", he added.
"A balanced text"
The Minister of Territorial Communities Philippe Richert told him that the question posed by the text on the financial transparency of political life was "the right level of the penalty incurred", stressing that this transparency was "a concern" of the government. "The transparency of public life is a common concern for the government but also for all the elected representatives of this assembly (..) which goes far beyond political divisions", he declared to the National Assembly in response to a Question from Charles de Courson (NC). “The question remains the right level of the sanction incurred”, he continued. The bill relating to the election of deputies studied Monday evening by the Assembly "was a balanced text which made it possible for us all to find ourselves together to work within the framework of this desire for transparency", he judged. "I would like to say that if everyone agreed to strengthen the actions and the means of the commission to financial transparency of political life, a number of questions had arisen to ask whether it was useful to transform this commission into a new jurisdiction", he underlined. "The government and the commission have been able to demonstrate that together it was possible (..) to ensure that knowingly false statements could be combated, in particular through the establishment of an incrimination", he said, considering that this posed a question: "is this the right level of the penalty incurred? "Here is the question on which we will work now", he added.
“I assume this real point of divergence”
In response, the boss of the UMP deputies, Christian Jacob, attacked his detractors, saying that in terms of financial transparency, "there is not on one side the white knights and those who have something to hide".
"We had a debate. I assume this real point of difference. I was one of those who thought that there was no need for a specific qualification" for the deputies who would knowingly omit to declare part of their heritage or who would make a false declaration, declared Mr. Jacob during a press briefing at the Assembly.
“Either we hide, or we face the debate”, added the deputy of Seine-et-Marne, indicating that he "never fell into demagogy, all rotten, anti-parliamentarianism". He welcomed the "compromise" found within the UMP majority.
"This does not mean that parliamentarians cannot be sentenced to prison. They are justiciable like the others. From the moment the prosecutor is seized, if there is abuse of social good, illegal taking of interest or other, there may be a prison sentence as for everyone else”, added Christian Jacob.
When asked if he had debated with UMP General Secretary Jean-François Copé, co-signatory of the initial measure, of the "compromise amendment" finally voted, he replied: "everyone has his own job. Today, I'm the one doing it".
source: Nouvelobs.com with AFP
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