what is the state of siege called for by Marion Maréchal?

what is the state of siege called for by Marion Maréchal?
what is the state of siege called for by Marion Maréchal?

Provided for by article 36 of the Constitution, the state of siege is even more exceptional than the state of emergency declared a week ago on the archipelago.

“If the State is not able to provide a response, we must ask ourselves the question of activating a state of siege”declared Marion Maréchal on the air of CNews this Tuesday, May 21 in the morning. After a week of insurrection which left more than six dead including two gendarmes, the archipelago is still in a state of emergency, which had been requested by many right-wing politicians, and quickly decreed by the President of the Republic.

Faced with determined rioters, more than 600 gendarmes were deployed to “regain complete control of the 60 km main road between Nouméa and the airport”, announced Interior Minister Gérald Darmanin as the blockades and violence continue. The extension of the state of emergency, which must be voted on by Parliament after twelve days, has not yet been announced. However, a text has been prepared even if the government hopes to rule out this option depending on how the situation evolves.

“A state of siege may only be declared, by decree in the council of ministers, in the event of imminent danger resulting from a foreign war or an armed insurrection.”

National Defense Code

If the state of emergency makes it possible to strengthen the powers of civil authorities and restrict certain public or individual freedoms to guarantee the return of civil peace, the state of siege, on the other hand, goes much further. It allows the army to ensure the security of citizens instead of the police forces. It thus provides for the transfer of certain powers from the police to the military authority.

Rarely used

In matters of justice, for example, a military court can judge civilians who have committed a crime or an offense against state security or national defense. The army can also carry out searches, order the surrender of weapons and ammunition or even prohibit publications or meetings that could contravene public order.

Read alsoEmmanuel Macron and New Caledonia, seven years of tormented relations

Provided for by article 36 of the Constitution, the state of siege is decided by decree in the council of ministers for 12 days and must be extended, just like the state of emergency, by a vote in Parliament. The Defense Code also provides that a state of siege must not be declared “only in case of imminent danger resulting from foreign war or armed insurrection”.

If the state of emergency was declared during the Algerian war, during the unrest of 1984 in New Caledonia, in 2005 during the riots in the suburbs or even after the attacks of November 13, 2015 in Paris and Saint- Denis, the state of siege, on the other hand, was only activated in times of open war during the two world wars.

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The state of war

Not the last of the emergency regimes, the state of siege can accompany the state of war which is legally defined by an official declaration of war from one State to another. Parliament is then informed of the executive’s decision to involve armed forces abroad.

This state of war regime therefore does not concern internal crises, despite the very political declarations of certain leaders, such as Emmanuel Macron who chose to use the term during his speech to announce the confinement of the population in March 2020, in the face of the Covid-19 pandemic. The last time France was officially declared at war was in 1939.

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