The President of the Constitutional Council Laurent Fabius believes that the fight against terrorism “Cannot lead to the erasure of fundamental rights and freedoms with a stroke of the pen”, while some call for changes to the Basic Law.
“Make no mistake: given the nature of terrorism, is this essential battle going to be won through a revision of the Constitution? “, asks Mr. Fabius in an interview with Sunday newspaper November 15. “In any case, let us be careful not to sacrifice in this fight the values which fundamentally differentiate us from those who attack us, starting with the principle of the dignity of the human person”, he adds, faced with demands, in particular from the right, for stronger security measures or a reaffirmation of the principle of secularism which already appears in article 1is of the Constitution.
However, “Fighting terrorists can justify adjustments to the exercise of certain freedoms. The Constitutional Council admits it, as does the European Court of Human Rights. Yes, this fight is essential. But it cannot lead to erasing fundamental rights and freedoms with a stroke of the pen ”, insists the former socialist prime minister.
Comply with constitutional principles
Some, like the president of the Laws Commission of the National Assembly Yaël Braun-Pivet (LREM), considered earlier this week that the Constitutional Council “Has every interest in evolving” in its practices and its composition, after several censures by the high court, including its proposal for a law on the follow-up of persons convicted of terrorist acts leaving prison.
The president of the high court recalls that “We have validated the very principle of security measures” more “Still they would have had to be adapted and proportionate to the objective pursued”. “The fact that the Constitutional Council is sometimes criticized, moreover contradictorily, by one or the other is not new. This is undoubtedly the consequence of our independence ”, notes Mr. Fabius.
And add: “It is simply necessary that these laws (against terrorism) comply with constitutional principles. It does not condemn neither to angelism nor to weakness. But it is characteristic of the rule of law ”.