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Dysfonctionnement judiciaire et démocratie | David Koubbi | TEDxMinesNancy


and good morning to all and to all
then I know I am self
subscribed to a bit complicated cases
but speaking after his Holiness Pope
François and Jean Christian wolf
Marek Halter before a little
complicated good sex and politics
is probably the subject I should have
choose to make sure your
attention is held constant but it
is not what I have done I will
talk about democracy moments
ted in size
one is a period which is a
period quite a hinge
absolutely exciting time
exciting because that it has been
go there a few weeks some
something that no one could or knew
predicted ie a team
that of the new President
Republic arrivals and dynamiting
parties while both parties
politics
as we know it to throw
a precipice which this world
out necessarily improve by
compared to what it was as we
all had this taste and I do not think
engage you beyond what you
would have liked but saying the
Republicans little ending all
system just ended like that so
all forecasts are proved
false prognosticators have all
failed but otherwise we know
prognosis is for dreamers
and punters and therefore here there
perhaps dreamers but probably
just under the racetrack lovers
and we find ourselves in a configuration
simple enough that in this period
hinge
I think we have a duty to
questioning what our
Democracy on what it has become
and what we will do and I
offers a trip through
a number of principles
governing the French republic
then I know and you’ll
found before I tell you that the
the main principles generally
collection acquired in consequence of too
Toddler development there is a
reason for that is that I think
confusedly our contemporaries
the French citizens that we
we know that the main principles
are not or are not all the time
apply this poses a difficulty in
Democratic matter of course
so if we start from the origin of what
unites us as a country and as
a people we meet face
Article I of the Declaration of
human rights and the citizen 26
in August 1789 with a first article
is quite clear and is
absolutely fascinating
men are born and remain free
and equal in rights so that aggregate
briefly placed end-to-end means
that being born to each
We offer us as a result
the right to remain free and to be
the other in equal this principle
we are constitutional
return is a principle that is
intangible is a principle that is
unsurpassable there is some
thing that is due us as
Article 2 citizen pursues the goal here
of every political association is the
conservation of natural rights and
imprescriptible rights and these
rights are liberty property
Safety and we will return
oppression to resistance and that
are not just words resistance
oppression that is, it will
to involve all of us
individually and as
national community whether we
suffer oppression or not and
If we would be getting our elders
our glorious elders have left in
article 35 of a draft
constitution of June 1793 an article on
I shall return later that we
gives a voice and
kind of course to be followed in this case
So here in terms of its
texts
the Constitution of 4 October 1958 so
5th Republic says now
French people in its preamble
solemnly proclaim their attachment
to human rights and principles
of national sovereignty as
they have been defined by the
1789 constitution and prosecute
Article 1 France is the
Republic an indivisible
democratic secular
It ensures equality before the law
all citizens without distinction
original you know race or
Religion therefore equal before the law
Article 1 This article is a
constitutional provision
which we are able to draw
a result which is essential for
each of us knows that the law
as as it exists
must be applied to all of the
Similarly ie it
should not apply to worst
because I annoy or more flexible
because I have a right pass that I
be the son of such and such or uncle
So like other law enforcement
all this is a democratic pillar
Article 6 now and has
completed soon but with Articles
I think it is important to look
What are the legal foundations and
of constitutional making
our country a democracy Article 6
the man’s statement and
Citizens said the law is
the expression of the general will
all citizens have the right to
participate personally or through their
representatives to its formation and
adding it should be the same for
all whether it protects or it
punished
in this context there can
to affirm and to tell you the truth
I believe that it is impossible
to assert the reverse can
to say to say that we are not
in a democracy if the law is not
applied to all the same way
we invited you to vote some
of you have done this and
invitation it was possible to
I answer in the vote I vote
the other I do not vote because I am
not on the lists
I do not vote by being registered with the
list I’m an abstainer I
white vote I vote no I do not think
not forgetting some assumptions
whether there were many
of you have already
included, only those who voted
for one or the other have
expressed since the others are not
counted it already poses here
Democratic difficulty since it
was elect our leaders we
did it because France does
always
it is not her and belgium
France so we have a government
belgium was his government
some time and those of our friends
anarchist who we look to
say immediately that no Belgian
is death and that the country has
continued to operate
particularly good
in this context there is the question
this poses is that of the
representativeness of our rulers
be representative when you
have been elected when you calculate everything
that with 15 to 20% of expressions
those who were older and entitled to
vote
not my view but the
representativeness of a President
Republic and its government is
a reflection reflect confidence
we citizens do testify that
government
today there is a crisis
representative that I did not invent
you read the stigmas
all political French newspapers
out there and it seems like there
appears to others that this crisis
representativeness arises because
we are not in a system
a system of contractual policy
contractual policy prod
generate that with me
to you and telling you I come
for the purpose of completing such a program
the fact of me being hired by
definition creates obligations for
me to your place
gold species seen and you
know you know precisely
nothing prevents a policy of not
respect its program
you would be shocked if a fact
policy began to respect his
program
but this political scheme
contract is something
which on the basis of legal texts and
and above all constitutional texts
on the basis of projects on the basis of which
we should think together
As a citizen because everything else
of life is based on contract
trade relations are based
on a dating contract
it’s sad to say but are based
on a contract there is little that the
policy that is not based on a
contract
I believe it is possible to say without
go too far and certainly not in
Beyond what I wish today
that politics is based on
marketing concepts on
contractual concepts that would make
committing to your place I create
an obligation which I am the debtor
and you are the creditor so
this track is contracting
a track that seems to be
not particularly attractive
only a lawyer but I’m
also and above all for the citizen
I’m looking at it
a problematic issue on
the application of the law
makes me particularly nervous and it
may be the case for some
of you and nervous to the point of
lose sleep for a while
Some time mean from my
adolescence
so I know it’s not a
tadic on sleep but the idea was
still think together
solutions that allow us to
to go beyond seen polls
earlier this week and is proud 75%
our compatriots consider our
elites are corrupt it by khalid
means government elite and
66.1% I believe that the 1% is important
and particularly the statistics is
always wrong 88% of the 66% of our 1
compatriots consider the
moralization of the way of life
and public policy is a priority
national
the question we must ask ourselves
as a citizen and French people
is whether our leaders
will hear it or we continue to
bring to the precipice so I know
although keep this subject in a state
Thanksgiving is almost an insult but
it is clear that we live
today as in French
white year
I explain this concept of year
white since September 2016 we have you
spoke of primary left then
then the primary right then
of what was from non-primary
then champion of the left
finally the champion of right and
yet the debate between the champions
then the two finalists and the one
who won the nomination of his
premier training its
Government of the state of grace I
‘m trampling of
sack as the little lout I
am able then the summer break
and then there will be the political season
of the year after what has happened
during the course of this year I
mean outside these agitations
Political and well absolutely nothing
this is the magic of politics
you can consider that person
No one died in France end 2 person
is frozen to death
nobody died of the consequences of
precariousness neither in France nor elsewhere
nothing has been before
it was sufficiently sensitive that
Fault make some lines in
TV news since only
this policy has counted misfortune
for us is that this policy I
told you is not contractual
and if it were it would be in
indret game here in this case it is not
not if there is a system in France
court because you understood
the hall from reading these his
articles of the French Constitution
justice and independence more
exactly the independence of justice
is the fundamental pillar of a
democracy and there is in France a
judicial system that works
particularly for a folder
Mrs. against you because you sir
none of you is a rich
Industrial none of you are a
leading banker
none of you are a candidate
for president
and you are not cousins
what I have therefore quote the judge
will do fine work you are
not reported in a folder but when
we are in a file indicated the kind
Sphere said kerviel against society
General and of justice starts
ten officials taking
instructions no longer apply
equality of all citizens before
the law
move away definitively of that
democratic stage which is the state
Theoretical our country is if you
even take the word if only the
his word democracy democracy
definition is quite simple it’s a
political system so we’ll see for the
conclusion that the system word is not
a big word form of political system
government in which the
sovereignty emanates from the people the people
it’s you that’s us and about
the etymology of the word democracy
it comes from the Greek demos kratos the people
power I do not know if we can say
Power to the people
this is perhaps an ideal but that
In any case, we see our system
us
because too far from its concepts
the bases are basic concepts
is the real revolution would
today to apply the law
it is such that it will is such
it is because the law is
evolving but apply
all by applying it to some back
bare feet that weighs nothing to
exonerate others apply to all
in the same way ie that
well I know it’ll do some breaks
some ministers will make hours
custody
it is not the custom they will make the
detention is not the
custom but that is what
our countrymen suffer I mean
when they do not respect the law
unfortunately this revolution would
in fact apply the law to all
you an absolutely fair
just as I believe deeply that
we need as a people
French to equip ourselves with a file
citizen citizen national file of our
convicted elected to do the job
which is mine for example it is
said a lawyer in court
I have not the right to have a locker
Judicial you know but like
for many other jobs but
But being condemned one has the right
to stand for the presidency of the
French Republic
because it would be less important than
to be a lawyer or to pass bafa
or to work with children
then we see it all today
is a bit 2007 2008 2009 2010 is
old-fashioned attention must be
scope as French people on
the application of the law as
was written and the constitution
as it has been designed by our
Elders and talking about our game elders
you book in a few moments
text that was never implemented
but that gives us an idea of the
how we can work
all seven aces and a system
Democratic believed the difficulty
people like me that are called
protesters
is that they have difficulty working
together because the protesters
always expected to agree
on everything to go in the same direction
or they will contest the protesters
agree on anything so I
sought in the book which he was
question, and I have written in the
presentation reverse this
equation and saying not expect
not to agree on everything to
but we work together unite
around our consistent objections
Compatible our challenges is to
I could say to me when
work with someone Extreme
right because he understood that
supremacy of finance on
Justice is intolerable and that’s
would be a real victory of this scheme
Thursday with someone extremely
because I’m not extreme
right so I want to illustrate more
tight that we can
work around our challenges
consistent and I think so
benevolent
it is possible to mark our
policies and ensure that they
respect the law because that’s what
we expect them to more
representativeness and finally
finding these lines are
matter because
our founding fathers wanted it as
incorporation of 24 June, 93 items
35 when the government violates the
rights of the people’s uprising
the people and for each portion of the
people the most sacred of rights and the
most indispensable of duties as
sacred of rights and the most
indispensable of duties
that’s what we will be forced
to do if the rest does not work
thank you
[Applause]
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