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Dysfonctionnement judiciaire et démocratie | David Koubbi | TEDxMinesNancy


and good morning to you all

so I know that I’m self

subscriber to the files a bit complicated

but speak after his holiness the pope

Francois and Christian Wolf Jean and

before marek halter a little bit

complicated good sex and politics

is probably the subject I should have

choose to make sure of your

attention is constant but it

is not what I did I’m going to you

talk about democracy a few moments

in the ted format

we are at a period that is a

period quite hinge a

absolutely exciting time

exciting because that it has been

spend a few weeks ago

something that no one could or knew

prognostic ie a team

that of the new president of the

coming republic and dynamiting the

parties all at once the parts and

the political world

as we knew it to throw it

in a precipice of which this world

will necessarily come out improve by

compared to what it was since we

had all this taste and I do not think

to engage beyond what you

would have liked to say it but to

little republicans finishing all the

system a bit finishing like that so

all the prognosis we have proved

false all the forecasters have

failed but we also know that

the predictions is for the dreamers

and for the turfists and so here there is

maybe dreamers but probably

a little less than amateur racers

and we end up in a configuration

quite simple where in this period

hinge

I think we have the duty to

to wonder about what our

democracy about what it has become

and what are we going to do with it and I

offers you a little trip through

of a number of major principles

which govern the French Republic

so I know and you’ll get it

found out before I tell you that

the general principles in general

collection acquired too much consequence of

toddler development there is a

reason for that is that I believe that

confusingly our contemporaries our

fellow French people that we

are know that the great principles

are not or are not all the time

apply which poses a difficulty in

democratic matter naturally

so if we start from the origin of what

unites us as a country and as

that people are faced with

Article 1 of the Declaration of

human rights and citizenship of 26

August 1789 with a first article that

is quite clear and that is

absolutely fascinating

men are born and remain free

and equal in rights so this aggregate of

a few words put end-to-end means

that being born for each of

we offer ourselves as a consequence

the right to remain free and to be

the equals of others this principle to

constitutional value we are there

will come back is a principle that is

intangible it is a principle that is

unsurpassable this place is something

thing that is due to us as a

citizen article 2 pursues there the goal

of any political association is the

conservation of natural rights and

imprescriptible of the man and these

rights are freedom the property

safety and we will come back

resistance to oppression and this does

are not just words the resistance to

oppression that is to say that this is going

involve for all of us

individually and as

national community to know if we

suffer oppression or not and in

the case where we would suffer our elders

our glorious elders have left in

an article 35 of a draft

constitution of June 1793 an article on

which I will come back later who we

give a voice and

kind of course to follow in this case there

so that’s about his

texts

the constitution of October 4, 1958 so

5th republic is telling us now the

French people in its preamble

solemnly proclaims his attachment

human rights and principles

of national sovereignty such

that they were defined by the

constitution 1789 and continue in

Article 1 France is a

republic an indivisible republic

democratic secular

it ensures equality before the law of

all citizens without distinction

of origin you know it from race or

religion so equality before the law

this Article Article 1 is a

constitutional provision of

which we can shoot

a consequence that is crucial for

all of us know that the law

as it exists

must be applied to all of the

same way ie it does not

must not put apply harder

because I annoy or more loosely

because I will have a right pass that I

will be the son of this or that or uncle

So like other law enforcement

everyone is a democratic pillar

Article 6 now and we have

soon finished with the articles but

I think it’s important to look

what are the legal bases and

constitutional aspects of what makes

our country a democracy Article 6

of the declaration of man and

citizens tells us the law is

the expression of the general will

all citizens have the right to

compete personally or through their

representatives to his training and

to add it must be the same for

all of it either protect it or it

punished

in this context it is possible

to affirm and tell you the truth

I even think it’s impossible

to affirm the opposite it is possible

to assert said we are not

in democracy if the law is not

applied to all in the same way

you were invited to vote some

of you have done it and at this

invitation it was possible to

answer I vote for it in I vote for

the other I do not vote because I’m not

not on the lists

I do not vote by being registered on the

list I am therefore an abstainer I

white vote where I vote no I do not think

not to have forgotten some hypotheses

whether he was a lot

of you already have it

understood that only those who voted

for one or the other were

expressed since the others are not

counted this already poses here a

democratic difficulty since he

was to elect our leaders us

did it because france does it

always

she is not belgium she and the

France so we have a government

belgium was his government

some time and those of our friends

anarchist who will look at us

will immediately say that no Belgian

died of that and that the country has

continued to operate

especially good

in this context the question

pose is that of the

representativeness of our rulers

to be representative when you

were elected when you calculate everything

that with 15 to 20% of the expressions of

those who were in age and in right of

vote

from my point of view no but the

representativeness of a president of the

republic and his government is

that reflection the reflection of trust

that we citizens are witnessing to this

government

today there is a crisis of

representativeness that I do not invent

whose stigmas you read

all French political newspapers

which exists and it appears to me as it

appears to others that this crisis of

representativeness comes from that

we are not in a system of

contractual policy a system of

contractual policy

would engender the fact that presenting me

to you and telling you I present myself

for the purpose of completing such a program

being hired by

definition creates obligations for

me at your place

but in this case we see it and you

know you know it very precisely

nothing prevents a policy from not

respect his program

you would be shocked if a

politicians began to respect his

program

but this policy scheme

contractual is something about

which on the basis of legal texts and

and constitutional texts especially

on the faith of projects on whose faith

we should think together in

as a citizen because everything else

of life is based on a contract

trade relations are based

on a contract the romantic relationships

it’s sad to say but are based

on a contract there is scarcely anything but

policy that is not based on a

contract

it is possible I think to say without

to go too far and in any case not to

beyond what I want today

that politics is more based on

marketing concepts only on

contractual concepts that would make that

Committing to your place I create

an obligation of which I am the debtor

and of which you are the creditor so

this contractualisation track is

a track that seems to me to be

particularly interesting no

only for the lawyer that I am but

also and especially for the citizen

that I’m researching there is a

problem a problematic on

enforcement of the law that

makes me particularly nervous and that

may be the case for some

of you and nervous to the point of

lose sleep for some time

some time it means since my

adolescence

so I know it’s not a

tadic on sleep but the idea was

still think together about

solutions that would allow us to

to go beyond we have seen from polls

at the beginning of the week and is proud 75%

our compatriots consider that our

elites are corrupted by khalid he

must be elite government and

66.1 % I think the 1% is important

and especially that statistics are

always wrong at 88% of 66 1% of our

compatriots consider that the

moralization of the way of life

public and political is a priority

national

the question we need to ask ourselves

as a citizen and a French people

is whether our leaders

will hear that or continue to us

bring it to the precipice so I know

although to keep this statement in a state

of grace is almost an insult but

it is clear that we live

today as French in

a white year

I explain myself on this concept of year

white since September 2016 we have you

talked about the primaries of the left then

then the primaries of the right then

what was going to go out of primary school

then the champion of the left

finally the champion of the right then

still debate between the champions

then the two finalists and then the one

who won the nomination of his

premier of training his

government of the state of grace I

I’m treading on

ransacking like the little bastard I

am can then the summer break

and then there will be the political comeback

of the year after what happened

during the course of this year I

mean apart from these agitations

Political and well absolutely nothing

that’s all the magic of politics

you can consider that nobody

died in France 2 no one

did not die of cold

nobody died of the consequences of

precariousness neither in France nor elsewhere

nothing was before

we were sufficiently sensitive that he

to make a few lines in

Newspapers since only

this policy counted the misfortune

for us is that this policy I

you said it is not contractual

and if it were, we would be in

indret game here in this case it’s not

not the case there is in France a system

judicial since you understood

in the hall at the reading of these of 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

especially good for a folder

you madam against you sir because

that none of you is a rich man

industrial none of you are a

leading banker

none of you are a candidate

in the presidential election

and you are not cousins ​​either

from what I just quoted so the judge

will do his job very well you are not

not in a reported folder but when

we are in a report file type la

sphere says kerviel against society

general and well justice starts to

ten officials taking

instructions no longer apply

equality of all citizens before

the law

we are ultimately moving away from this

democratic stage which is the state

theoretical of our country is if you

even take the word would not it be that the

word democracy democracy sa

definition is pretty simple it’s a

political system so we’ll see for the

conclusion that the word system is not

a big word political system form of

government in which the

sovereignty emanates from the people the people

it’s you it’s us and as for

the etymology of the word democracy

he comes from the Greek dmos the kratos people

power I do not know if we can say

Power to the people

that’s maybe an ideal but

in any case we see our system

we have

because too far from his concepts that

the foundation which are basic concepts

is the real revolution would consist

today to enforce the law as

that she is such that she is so

that it becomes since the law is in

perpetual evolution but apply it

to all by applying it to a few goes

bare feet that weighs nothing for in

exonerate others apply it to all

in the same way ie

I know it’s going to be a bit of a mess

some ministers will be doing hours

in custody

it’s not custom they will do the

detention on remand is not the

custom but that’s what

suffer our compatriots I mean

when they do not respect the law

alas this revolution would consist

in applying the law to all

in a way you absolutely fair

just as I deeply believe that

we owe ourselves as a people

French to give us a file

citizens national citizen file of our

elected officials sentenced to do the job

which is mine for example that is to

to say to be a lawyer at court

I do not have the right to have a locker

judicial you know it but just like

for many other jobs but in

on the other hand, being convicted we have 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 the bafa

or only to work with children

so we see it all today

is a little 2007 2008 2009 2010 it’s

old-fashioned our attention must be

worn as a French people on

the application of the law as it has

been written and constitution

as it was conceived by our

seniors and talking about our elders game

delivers you in a few moments

text that has never been applied

but who gives us an idea of ​​the

how we could work

set to seven aces and a system

democratic believed the difficulty for

people like me who are called

protesters

it’s hard for them to work

together because the protesters

have always waited to agree

on everything to go in the same direction

protestors dispute

agree on nothing so I got

striving in the work of which he was

question and that I wrote during the

presentation to reverse this

equation and telling me do not wait

not to agree on everything for

work together but let’s unite

around our compatible challenges

our compatible challenges is to

to say that I could when to me

work with someone extreme

right because he understood that the

preeminence of finance on the

justice is intolerable and that’s

would be a real victory of this scheme

Thursday with someone from extremely

because I’m not extreme

right so I want to illustrate at most

tight the fact that we can

work around our challenges

compatible and I believe that way

benevolent

it is possible to mark our

policies and to make sure that they

respect the law because that’s what

we expect from them for a more

great representativity finally and in

conclusion these few lines that are

of importance because

our founding fathers wanted it as

its constitution of 24 June 93 articles

35 when the government is violating

rights of the people the insurgency is for

the people and for every portion of

most sacred people rights and the

most indispensable homework most

sacred rights and the most

homework

that’s what we’ll be forced to do

to do if the rest does not work

thank you

[Applause]

”

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