The president of South Korea declared martial law on Tuesday to protect himself from North Korean “threats”, while parliamentarians were divided over the budget vote. Can we imagine such a scenario in France? A similar system exists in the Constitution, but it must meet certain very specific conditions to be activated.
To everyone's astonishment on Tuesday, December 3, South Korean President Yoon Suk Yeol declared martial law on Tuesday to protect himself from North Korean “threats”. The introduction of this exceptional law occurred in a context of heated budget debate in Parliament, before being lifted six hours later under pressure from deputies and the street. Can we imagine a similar system applied in France, particularly due to the political instability linked to the fall of Michel Barnier's government? Europe 1 takes stock.
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What is martial law?
Such a law is decreed during a serious political crisis within a state, such as a civil war or a coup d'état, by a head of state or his government. It is then the army which ensures the maintenance of order, with or without the support of the police. Etymologically, the word “martial” comes from Mars, the god of war in Roman mythology. During this period, individual freedoms are restricted, or even completely suspended. Citizens can no longer gather, and the press is muzzled.
Can Emmanuel Macron trigger it?
Can we imagine such a measure activated this Thursday in France? In reality, martial law no longer exists in the French legal framework. It is not part of the 1958 Constitution. Thus, Emmanuel Macron, his Prime Minister or Parliament cannot trigger such a law.
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Previously, this exceptional measure has already been used, notably during the French Revolution. On October 21, 1789, the National Constituent Assembly established it during riots arising from the assassination of a baker in Paris. Then on July 17, 1791, after the Champ-de-Mars shooting.
Is there a law equivalent to martial law in France?
Yes, this is the state of siege, mentioned in article 36 of the Constitution. This system, created on April 3, 1878, is comparable to martial law: the powers of civil authorities are transferred to military authorities, and public freedoms are also reduced. The state of siege must be decreed by the Council of Ministers, and its extension beyond 12 days can only be authorized by Parliament, explains the basic text.
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In practice, a state of siege can only be in force in the event of insurrection or war, as was the case during the First and Second World Wars. It cannot therefore be triggered solely because of the fall of a government. The state of emergency differs from martial law because it does not allow the replacement of civil authorities by the army.
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