What the bill “confirming republican principles” contains

What the bill

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Crime repressing hatred online, strengthened control of associations, better transparency of cults, national identifier for each child of school age … Scheduled for early 2021 in the National Assembly the bill “Reinforcing the republican principles” must be presented this Wednesday in the Council of Ministers.

And here are the main measures.

Will be created a « new offense of endangering the life of others by disseminating information relating to the private, family or professional life of a person making it possible to identify or locate him “. This provision has been added after the beheading of Professor Samuel Paty in October.

This offense is punished by 3 years imprisonment and a fine of 45,000 euros. An aggravated penalty when the person concerned holds public authority or has a public service mission.
Laetitia Avia: “We will give social media obligations of moderation”The code of criminal procedure will also be amended to allow immediate appearances to judge hate speech on social networks, which today falls under the 1881 law on freedom of the press. It is about giving the means to justice to act in the face of “Spiral of hatred” online without touching ” a comma “ to the law of 1881, underlines the Ministry of Justice.

The measure will make it possible to judge people who “Do not fall under the cascade responsibility » – that is to say whose words do not fall under the responsibility of a director of the publication – and will therefore not concern journalists, ensures the Chancellery.

For “Better protect the agents in charge of the public service”, threats, violence or intimidation aimed at them will be punished.

The bill inscribes the principle of (religious) neutrality of private law agents entrusted with a public service mission (SNCF, Aéroports de Paris, for example). So far, only case law has referred to the matter.
Gaël Giraud: “With this pandemic, the fragility of our system is exploding in our face”A procedure of « republican deficiency », allowing the prefect to suspend the decisions or actions of any community that seriously disregards the neutrality of the public service, under the control of the administrative judge.

The scope of the file of perpetrators of terrorist offenses (FJIAIT) is modified to include “Offenses relating to provocation and condoning terrorist acts”. Their authors will be banned “To exercise functions in contact with the public”.

All grant requests will be subject to a « commitment of the association to respect the principles and values ​​of the Republic ». The violation of this Republican engagement contract results in “The refund of the subsidy”.

The grounds for dissolving an association in the Council of Ministers are broadened. It will also be possible “To attribute to an association (…) acts committed by its members and directly linked to the activities of this association”. In case of emergency, the activities of this association may be suspended as a precaution, for a maximum of three months.
The CCIF, “enemy of the Republic”?While Muslim places of worship are, for historical reasons, for the most part, governed by the 1901 law on associations, the text encourages them to register under the 1905 regime for cults, more transparent in accounting and financial terms.

In return, they will be able to have access to tax deductions or to draw income from buildings acquired free of charge.

Associations remaining under the status “Law 1901” will have the same obligations as the associations law 1905 but without the same advantages.

Foreign donations exceeding 10,000 euros will be subject to a declaration of resources. In addition, “The certification of the annual accounts by an auditor is planned as soon as the association benefits from advantages or resources from abroad”.
Yes, it is possible to teach secularism at schoolA disposition «Anti-coup» is intended to prevent any takeover of a mosque by extremists. A “Ban on appearing in places of worship can be pronounced by the judge (…) in the event of conviction for provocation to acts of terrorism or incitement to discrimination, hatred or violence”. The right of opposition of the Tracfin service will be extended to counter the “Unwanted flows”.

End of home schooling for all children from 3 years old, except « for very limited reasons relating to the situation of the child or that of his family » and subject to having received an authorization “By the competent State authority in matters of education”.
Among the majority, a war announced on home educationOther waivers should be decided after the Council of State warned the government of a risk of unconstitutionality. It strengthens the supervision of schools outside the contract, in particular by introducing “An administrative closure regime” in case of “Drifts”.

In addition, it plans to award “For each child of school age a national identifier allowing the academic authorities to ensure that no child is deprived of their right to education”.

Opening a private school despite opposition from the authorities is punishable by one year in prison and a fine of 15,000 euros. Sports federations recognized by the State go from “Guardianship regime” has a “Control regime”. For approved federations, the “Respect for the principles and values ​​of the Republic” will be included in the approval.

Prohibition for healthcare professionals to establish “Certificates attesting to a person’s virginity”. Offenders will be liable to a one-year prison sentence and a fine of 15,000 euros.
Aurélien Taché explains his comments on polygamy: “I was misunderstood …”The text strengthens France’s arsenal on polygamy – prohibited – by generalizing the prohibition on issuing any residence permit to foreigners living in France in a state of polygamy. To fight against forced marriages, the registrar has the obligation to “To talk separately with the future spouses when there is a doubt about the free nature of the consent” and of “Seize the public prosecutor for possible opposition to marriage if he retains his doubts”.


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