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Statement of Opinion on the State of Emergency

Date de publication : 18/02/16
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Statement of Opinion on the State of Emergency

Part of the monitoring process of the state of emergency, the Commission carried out work on selecting and cross-referencing information, which revealed a certain number of anomalies which could, in certain cases, be constitutive of abuse.

In conclusion, the Law Commission of the National Assembly has on two occasions communicated on the work completed within the framework of its monitoring mission. The Government informed the Council of Europe in accordance with the provisions of Article 15 of the ECHR that 'a certain number of measures taken within the framework of the state of emergency are likely to require an exemption from certain rights guaranteed by the Convention.

The CNCDH judges it necessary that the Government inform Parliament in detail of which derogatory measures it has taken or plans to take. The CNCDH moreover notes 'the breathlessness of the state of emergency', due to the considerable reduction in the number of measures ordered pursuant to the Law of 3 April 1955, two weeks after the declaration of the state of emergency. The question therefore arises of the end of the state of emergency, which is obviously a political decision that is difficult to take. For as much, the CNCDH strongly reiterates that the exceptional state (of emergency), which must remain provisional, should not become permanent: the single and only objective is a rapid return to normality. In this respect, the extension of the state of emergency voted by Parliament[4] questions the real purposes of such a measure. How, indeed, does one justify the persistence of such a measure when it should apply only in consideration of an 'imminent danger'? To consider that the danger of a terrorist attack, always present for an unforeseeable duration, and French military external engagements, again for an unspecified duration, make it possible to justify the extension of the state of emergency, amounts to making a state of exception a permanent state. The CNCDH can only be alarmed at what would be a real degradation of the rule of law.