what is the state of emergency established by the government?

what is the state of emergency established by the government?
what is the state of emergency established by the government?

New Caledonia is still in the grip of violence this Wednesday, May 15, 2024, while the deputies adopted, last night, the constitutional reform project which ignited the powder. The President of the Republic, Emmanuel Macron, asked the government to declare a state of emergency on the archipelago.

This will come into force on Wednesday “from 8 p.m., Paris time”, i.e. from 5 a.m. in the Overseas Territory, then specified the government spokesperson, Prisca Thevenot, at the end of the Council of Ministers. But what is this state of emergency?

Follow our live broadcast dedicated to the riots in New Caledonia, this Wednesday

An exceptional regime decided by the Council of Ministers

The state of emergency is an exceptional regime. It allows “to strengthen the powers of civil authorities and to restrict certain public or individual freedoms”, underlines the Public Life site.

The state of emergency is declared by decree in the council of ministers. “This decree determines the territorial district(s) within which it comes into force,” specifies article 2 of the law of April 3, 1955 relating to the state of emergency.

A state of emergency can be established “over the entire French territory or over part, all or part of the metropolitan territory, overseas departments, overseas communities governed by article 74 of the Constitution and in New Caledonia” , specifies article 1er of the law.

The state of emergency is declared for a maximum period of twelve days. If the authorities want to extend it beyond that, they must pass a law.

Circumstances and scope defined by law

The law regulates both the circumstances in which a state of emergency can be declared and the scope of what it authorizes in the event of a state of emergency.

State of emergency declared “either in the event of imminent danger resulting from serious breaches of public order, or in the event of events presenting, by their nature and seriousness, the character of a public calamity”, specifies article 1er.

This law authorizes the Minister of the Interior and the prefects to take certain measures, in particular, as noted by the website Vie publique: the ban on demonstrations, processions, parades or even gatherings of people on public roads; the establishment of protection perimeters around a place or event; the ban on public meetings; administrative searches; blocking websites advocating or glorifying terrorist acts; residence bans; house arrests.

Read also: INTERVIEW. “The state of emergency had an opportunity effect for the State to restrict freedoms”

Reported eight times since 1955

The 1955 law establishing the state of emergency has been amended several times, notably by the order of April 15, 1960 and the law of November 20, 2015.

Since 1955, this exceptional regime has been declared eight times, including three times in the context of the Algerian War in 1955, 1958 and 1961.

On October 29, 1986, it was declared throughout the territory of the islands of Wallis and Futuna. On October 24, 1987, the High Commissioner of the Republic declared it in the communes of the Windward Islands subdivision in French Polynesia.

On November 8, 2005, it was declared to put an end to the revolts in working-class neighborhoods following the deaths of Zyed Benna and Bouna Traoré. It will not end until January 4, 2006.

In 2015, it was declared following the attacks that occurred on the night of November 13 to 14 in Paris and Saint-Denis. It remains in effect until 1er November 2017, when the law strengthening internal security and the fight against terrorism, known as the SILT law, comes into force.

A state of emergency has only been declared once in New Caledonia, in December 1985, in a context of violence between independence and anti-independence activists.

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