Public Order and Individual Freedoms

Extract

[...] Passage of a penal sanction to a measure of PA Principle : Loi du 13 July 1992 > condemns certain types of dangerous behavior in stadiums + Extension and list of infractions punishable by the Law of December here adds the ban at the stadium ? Judge: Penal ? Domain: Penal Sanction ? Duration: 5 years Renforcement : Law of 18 March 2003 > authorizes the creation of a file of forbidden items in the stadium. CPDT Law of 26 January 2006: the ban becomes a PA measure ? Art. [...]

[...] it was necessary to provide guarantees to secure police measures. ? Importance of the influence of the Ccons on the rewriting of the laws modifying that of 1955. §1: Assignations to residence Principle : Law of 1955 BUT very meager device Condition : Any person whose activity proves dangerous to public safety and public order Competence : Minister of the Interior. Limit : I cannot allow the creation of a camp. The relaxation of the implementation conditions Principle : Law of 1955 modified by the law of 20 November 2015 Condition : any person with regard to whom there exists serious reasons to think that their behavior constitutes a threat to security and OP. [...]

[...] + Loi de 2004 and 2012 and adds the incrimination for insults or discriminations due to sex, sexual orientation, disability, gender identity Exoneration on a case-by-case basis : Injury Discrimination Exoneration by proving the provocation of the other person Two possibilities: - Proof of the truth of the facts (the facts reported are verified) - Proof of good faith (serious investigation but we made a mistake) CPDT in the case of defamation discriminatory we cannot benefit from the truth exception. The recipient of the insult or defamation: a determined person or group of people Principle : Only humans are protected by the incriminations related to insults and discriminations ? So not things, ideas or animals. ? It is not possible to say that Le Pen is Nazi but that the FN is a Nazi party is possible. Blasphemy (outrage the divinity or religion) is not protected in FR and has disappeared since the Law of 1881.TGI, 17ème chamber March 2007). [...]

[...] either the data allows for the initiation of criminal proceedings or the data is destroyed after 3 months CPDT if the data presents a doubt but is insufficient to justify legal action ? of destruction. - CC, QPC December 2016 : control of constitutional legitimacy of the data collection mechanism. ? do not censor. BUT for the last point, the data on which there is doubt but which are insufficient ? a retention period beyond which the data will be deleted. [...]

[...] §3: The modalities of encadrement of the liberties The repressive regime and preventive regime 1. The repressive regime Definition : The idea that everything not prohibited is permitted unless there is a posteriori response to potential abuses or violations that may be committed - Liberal regime Condition : - The incriminations should not be excessive - The sanctions incurred must be stated Exception : Intervention of the administration to restrict a freedom if it justifies a threat to public order - Subject to the proportionality control provided for in the judgment [...]