Constitution deemed compliant residence assignments – Le Point

The residence assignments are consistent with the Constitution. This is the opinion issued Tuesday by the Constitutional Council. He found that the legislation regulating house arrest under a state of emergency was consistent.

“The Constitutional Council declared to be constitutional in the first nine paragraphs of Article 6 of the Law of 3 April 1955 regarding the state of emergency, “he said in a statement. The articles in this law on house arrest were challenged by advocates of a environmental activist, who had filed a priority issue of constitutionality (QPC), judging the text contrary to “the constitutional freedom to come and go” , the Council announced in a statement.

Contested by lawyers

The articles in this revised on November 20 law on house arrest were challenged by advocates of a environmental activist, who had filed a priority issue of constitutionality (QPC), judging the contrary Text “constitutional freedom to come and go.”

This decision was eagerly awaited both by the government, must present Wednesday its draft constitutional reform providing for the inclusion in the basic law of the state of emergency, as by the hundred organizations who denounced “the possible excesses.” The applicants’ lawyers had told AFP that in case of failure, they would seize the European Court of Human Rights (ECHR).

The rarely discussed state of emergency

The sages of the Constitutional Council have fully validated Article 6 of the Act, which states in particular that “the Minister of the Interior may order the arrest of any person (…) to respect of whom there are serious reasons to believe that his behavior constitutes a threat to security and public order “, with the exception of the tenth paragraph, devoted to electronic bracelet port, which was not covered by the applicants .

The Constitutional Council has considered only once the law based on the state of emergency in 1985, amid crisis in New Caledonia. But he however had not considered the merits of this compliance regime with the supreme values ​​of the French law. In their text, the wise take this opportunity to stress that “the Constitution does not exclude the possibility for the legislature to provide a state of emergency regime.”