International Journal on Criminology Volume 4, Number 2, Winter 2016 | Page 90
International Journal on Criminology
The administrative judge also ruled that the text was compatible with the
European Convention for the Protection of Human Rights and Fundamental Freedoms
(Council of State, Ass., March 24, 2006, Rolin and Boisvert).
(2) Changes Made by the Law of November 20, 2015: An Extension of
Powers and the Pursuit of Guarantees
The declaration of a state of emergency in November 2015 gave police
authorities supplementary means of action to fight against terrorist threats, which
were immediately used and were intended to be continued. Prefects were thus able
to prevent new acts from being committed, by police searches of residences, day
or night. They could declare that performance halls, drinking establishments, and
meeting places of any kind were temporarily close, as well as prohibit meetings. The
minister of the interior could place persons involved in terrorist groups under house
arrest.
When the state of emergency was extended beyond the 12 days of the initial
decree, which was essential because the threat level remained high, it seemed
necessary to adapt and modernize some of the law’s provisions, to ensure, on the one
hand, that they continued to be effective in the fight against new threats and, on the
other hand, that the measures implemented under this legal scheme could be subject
to effective jurisdictional monitoring.
Thus, for example, house arrest was adjusted in order to allow escorts to the
places of house arrest, a requirement to check in, the possibility of returning passports
and identity documents, or the prohibition of being in contact with designated
persons.
But these various changes aiming especially to make the prevention of terrorist
attacks more effective had to be accompanied by the adaptation and strengthening of
the safeguards provided by law.
The law thus now referred explicitly to the common law provisions in the
Code of Administrative Justice that allowed for challenging measures based on it.
This is the case, for example, for searches ordered by the administrative authority.
The modifications proposed also aimed to eliminate certain measures provided for in
the context of the period during which the law was initially adopted, but that today
no longer have any serious justification, such as control of the press or the media.
More specifically, which provisions does this entail?
Concerning articles 2 and 3 of the law of 1955 requiring that the prolongation
of the state of emergency beyond 12 days be authorized by a law, article 1 extends
the state of emergency for a period of 3 months, which began on November 26, 2015,
the day when the decree of November 14, 2015 was no longer in effect.
Article 2 extends the option available to the minister of the interior and
prefects, already provided for by the decree of November 14, 2015, to order searches
day or night.
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