By Christian Vanneste on May 27th, 2008 in Interventions
Continuation of debate relating to the modernisation of institutions (to read the 1st shutter):
Article 6 (Right of reprieve: presidential prerogative)
Mr Christian Vanneste This article, one of the least arguable of plan, is source of progress: he keeps why not to say it? one of the advantages of monarchal power (Exclamations on various benches)
Mr Jean-Christophe Lagarde And here is!
Mr Christian Vanneste who allowed to the king to repair an injustice made contrary to a person. Allow me to name two literary illustrations: in Tartuffe, as in caesar Birotteau, it is the intervention of the king that avoids to a poor man to be victim of an injustice. Far from being the repairing of a miscarriage of justice, the right of reprieve constitutes so the highest practice of equity: he allows to take into account situation to which an event of its personal history displays an individual.
I am therefore partisan in the field, a lot mister Mam re, of the personnalisme (Smiles): the highest power must be able to take into consideration the individuals, whose law could not know. It is therefore necessary, contrary to what asserts Mr Le Bouillonnec, to limit the right of reprieve to individual cases, because it would be perfectly unfair that this right is of use only for the hotel management of prisons to take back the unfortunate expression of a prosecutor of the Republic!
Mr Guy Teissier, president and reporter for opinion of the committee of defence Absolutely!
Mr Christian Vanneste Every day, the press learns us that a person who should be in prison has just made a criminal act! Let us take our responsibilities: let us envisage a sufficient number of places of imprisonment to welcome our prisoners, today fewer in number that in Great Britain, but worse lodged. In the field, the left made nothing (Protests on the benches of the group SRC and of the group GDR)
Mr Guy Teissier, reporter for opinion Nothing!
Mr Christian Vanneste while we watched to augment the number of places of detention or to create troubles of substitution, as knows it well Mr reporter. But the collective right of reprieve would constitute a serious injustice.
Mr Guy Teissier, reporter for opinion Very well!
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Mrs Rachida Dati, French Minister of Justice The right of reprieve should not be a means of regulation of the prison population.
Mr Christian Vanneste Very well!
Mrs Rachida Dati, French Minister of Justice It would indeed go contrary to the reintegration and to the struggle against the repetition, the two of the priorities of the Government. The President of the Republic anticipated this commitment, since there was not collective favour the last year.
As for the places of prison, only the right, in 1987 and in 2002, constructed it (Protests on the benches of the group SRC).
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Mr Christian Vanneste That there is a continuity of the State between the monarchy and the Republic in regalian powers, it has nothing shocking. It is perfectly possible to accept that the highest possessor of the executive power is capable of correcting an individual situation coming from a court order. The situation of the parliamentarians very differs: let us not merge the application of law and its establishment. There is law only general, as has already asserted it Aristote. We do not write particular law. When we venture there, we are not any more in Republic. By exercising ourselves a right of reprieve, we would go contrary to what is law. It would be to disclaim us ourselves.
Article 9 (representation of the French from abroad in the Assembly)
Mr Christian Vanneste My amendment 218 tends to follow the opinion of the committee Balladur by not changing the representation of Frenchmen from abroad. The envisaged disposition would drive to the introduction of proportional representation what we refuse or in an absurd cutting up of big districts. And I do not think that a district going of Patagonia to Greenland allows good relations between the elected representative and his voters.
Mr Jean-Christophe Lagarde A little of consideration for the one-armed persons! (Smiles)
Mr Christian Vanneste It would besides be necessary to augment the number of deputies hypothesis which we have just rejected or to undertake a new cutting up to abolish twelve districts of metropolis. It will still accentuate the rocking between the districts of the not much populated departments, as Loz re, and those of enlarging departments demographic, as the Valley - Of Oise. It is the reason for which, by amendment 218, I invite you to leave this idea.
Border deputy, I have a lot of admiration as our wise neighbours, the Belgians, who content themselves with making vote for their compatriots domiciling abroad in Офисs of common Belgians.
The amendment 218, pushed back by the committee and by the Government, put in voices, is not adopted.
Mr Christian Vanneste Thanks to the Left!
I know however at least one who benefited from an untoward presidential favour: Maxim Gremetz.
Xavier Collet May 28th, 2008 Answer
Copyright Christian Vanneste - Deputy of the North 2007. All rights reserved.