The spokesman of the government, Stéphane Le Foll, gave details on the draft law on state of emergency Wednesday, November 18 discussed by the Cabinet. Key points:
The extension of the state of emergency, the text provides for an extension for three months of the state of emergency, as had been announced by François Hollande as of this weekend.
Read also: The state of emergency, a variable geometry device
The regime of house arrest: "The house arrest regime is modernized and extended to any person with respect to whom there are serious reasons to believe that his behavior constitutes a serious threat to the public order, "said Mr Le Foll. The idea includes part of the proposal of some MPs from the right, who called for house arrest all persons subject to an "S listing", a relatively large monitor which does not list that suspected terrorists, but also their close, and every person who drew the attention of the intelligence services.
Read also: Bombings of 13 November: what is a "plug S"?
The administrative searches: local parliamentarians, lawyers, magistrates and journalists will not be covered by administrative searches (decided without the consent of a judge). The prosecutor will be notified of any decision to search. Computers, mobile phones and all digital data may also be targeted.
Control of the Press Bill removes an old provision of the 1955 text, which allowed to order the press censorship.
The Full Text provided by the Government:
The prime minister and the interior minister presented a bill extending the application of Law No. 55- 385 of April 3, 1955 and increasing the efficiency of its provisions. state of emergency beyond twelve days may be authorized by law. The bill provides that the state of emergency as of November 14, 2015 at midnight is extended for three months, as was the case in 2005 of the law of 3 April 1955 in order to strengthen 'efficiency. In addition, the bill amends several provisions
of the law of 3 April 1955 in order to enhance efficiency.
Thus, no administrative search will target the areas assigned to the exercise of a parliamentary mandate or the professional activity of lawyers, magistrates and journalists. The prosecutor will be informed of any decision from search, which will take place in the presence of a police officer. During these searches, it may be made on any media copy data stored in any computer system or equipment. associations or groups of facts involved, facilitate or incite the commission of acts that a serious breach of public order, and which have within them people under house arrest.
The house arrest regime is modernized and extended to any person with respect to whom there are serious reasons to believe that his behavior constitutes a threat to security and public order. The terms of the house arrest are specified in terms of escorts, pointing rules of national police or gendarmerie. It may be prohibited to the person under house arrest to enter directly or indirectly in contact with people also suspected of preparing acts against public order. The administrative committee to give an opinion on the applicant's challenge is deleted and replaced by common law to appeal to the administrative court.
The search scheme is also subject to details. Thus, no administrative search will target the areas assigned to the exercise of a parliamentary mandate or the professional activity of lawyers, magistrates and journalists. The prosecutor will be informed of any decision from search, which will take place in the presence of a police officer. During these searches, it may be made on any media copy data stored in any computer system or equipment. The control of the press and radio, provided by law in 1955 but never used, is deleted.
The bill opens up the possibility of dissolving the associations or groups of facts involved, facilitate or incite the commission of acts that a serious breach of public order, and which have within them people under house arrest.
Finally, the penalties for breaches of the provisions on search and house arrests are substantially increased.
The Prime Minister, the Minister of Interior and Minister of Overseas presented a decree implementing overseas Act No. 55-385 of 3 April 1955. This decree declares state of emergency in As of November 19, 2015, at midnight local time in the territory of communities of Guadeloupe, Guyana, Martinique, Reunion, Mayotte, Saint-Barthélemy and Saint-Martin.