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Re: CHAT: national identity

From:From Http://Members.Aol.Com/Lassailly/Tunuframe.Html <lassailly@...>
Date:Tuesday, May 18, 1999, 16:47
Dans un courrier dat=E9 du 18/05/99 12:03:00  , Christophe a =E9crit :

> Contrary to what seems to > think Mathias, our parliament really has powers. It can have the Prime > Minister (our chief of government, the President is the chief of state) > fired, and already did.=20
A few points for citizens of Common Law countries : 1. Pdt appoints and dismisses Prime Minister without even asking the=20 Parliament to approve of this. 2. Pdt can appoint a Prime Minister who is not a PM (like R. Barre for=20 instance) 3. Pdt can dissolve the Plmnt once a year. 4. Plmt cannot fire the Pdt (of course). Altogether very normal thing in France, Christophe ;-) As for the President and the Prime Minister, it is
> true that they have many powers, but I think they are well balanced by th=
> Parliament.
May I suggest that you read the Constitution (specifically art. 34, 37 and=20 39), the rules about "l'ordre du jour", the famous court decisions founding=20 the incredible "pouvoir r=E8glementaire du Pdt", and many other technical=20 decree rules that French ignore and makes the Plmtary life look so gentle.=20 Tell me which democratic country endows one person with such a power ?=20 As for the fact that the Minister of the Interior rules the
> courts, it is true, but it is changing (slowly, but really).=20
I'm very angry here. There is no judiciary power in France. The courts are=20 ruled by a ministry next to the one in charge of the police. The law is=20 WRITTEN that way and it's a shame and I'm not going - as a lawyer - to ever=20 accept the very French idea that the written law is bad but doesn't count=20 because the almighty ruler is so good that he cares not using it so and=20 everybody is happy. And what about the administrative courts : tell me in=20 which democratic country the State has its own courts where al litigations=20 implying the State are tried before and special courts run by the State wher= e=20 its own employees are pretending to hold decisions against their own bosses = ?=20 Did you ever plead before these courts ? (and BTW did you ever plead before = a=20 commercial court ? Ever heard of the recent report about commercial justices=20 in France ?). However better the decisions held recently, the system is such=20 and is undemocratic. Unlike French I think that these are as serious issues. The real
> problem in politics comes from the oldness of most politicians in France > (see the Senate which is a real old people's home!).
Maybe for you because you are 22. I tell you the problem all foreign constitutional lawyers point out : the=20 President holds the executive, the legislative and the judiciary powers.=20 Checks and balances are mere construction ingeneering terms over here. And N= O=20 French lawyer will blame that because this would be considered attacking=20 Civil Law as opposed to Common Law. Un point c'est tout. It may be the way=20 France has been ruled for centuries, but I don't care : it has to change. Another issue : maybe America has many people in jail but in France a quarte= r=20 of prisoners have not even been tried. France is granted every year the titl= e=20 of champion of section 6-infringement. Many of them are innocent but they=20 hardly get compensation from the State because they have to claim for it=20 before... the administrative State courts. (the best compensation recently=20 recorded : 6 months in jail for nothing =3D US$ 12.000 FF). That's the truth=20 and I can't believe nobody cares here. And another issue : competition law and monopolies in France. That's my=20 working field. Nobody cares here. Capital privatisation is nothing. Look=20 who's at the rudder and what grasp the State holds on them. I stop that thread here and go back to conlanging. Mathias