WEBVTT 00:00:16.977 --> 00:00:19.167 We are pleased, here with ATTAC, 00:00:19.167 --> 00:00:21.297 to welcome Etienne Chouard 00:00:21.297 --> 00:00:23.767 for a conference with an utopian title: 00:00:23.837 --> 00:00:27.277 European Union, if we had to do it again? 00:00:27.277 --> 00:00:29.267 Etienne Chouard is a teacher 00:00:29.267 --> 00:00:31.327 of Law and Economics in Marseille. 00:00:31.327 --> 00:00:33.327 He is also an independent researcher, 00:00:33.327 --> 00:00:35.427 and he feed his thoughts with debates 00:00:35.427 --> 00:00:37.840 which took place in 2005 00:00:37.840 --> 00:00:41.481 during the European Constitutional Treaty. 00:00:41.481 --> 00:00:45.671 The possibility to say "no" to that treaty, to this constitution 00:00:45.671 --> 00:00:48.801 made him study it thouroughly, 00:00:48.801 --> 00:00:52.801 and then reveal all the wrongdoings of this constitution, 00:00:52.850 --> 00:00:54.905 which, he says, was done 00:00:54.905 --> 00:00:56.885 not for the people, 00:00:56.885 --> 00:00:58.645 but for those who wrote it, 00:00:58.645 --> 00:01:00.885 and who governs us. 00:01:00.885 --> 00:01:02.625 Tonight, he will present 00:01:02.625 --> 00:01:04.885 his vision of the European Union, 00:01:04.885 --> 00:01:07.335 Of democracy and what it means. 00:01:07.335 --> 00:01:09.885 We will also discuss 00:01:09.885 --> 00:01:12.885 the theme of money creation 00:01:12.885 --> 00:01:16.225 Question the need for a constitutional treaty. 00:01:16.225 --> 00:01:17.885 And evoke 00:01:17.885 --> 00:01:20.885 a new and original process: 00:01:20.885 --> 00:01:22.475 that is selected by lot 00:01:22.475 --> 00:01:25.395 in order to elect our representatives. 00:01:25.395 --> 00:01:27.335 Before giving the mic to Etienne, 00:01:27.335 --> 00:01:30.235 I want to thank the City Hall 00:01:30.235 --> 00:01:32.959 for giving us this conference room. 00:01:32.959 --> 00:01:34.969 And thanks to Etienne 00:01:34.969 --> 00:01:37.969 who is not paid to be here. 00:01:37.969 --> 00:01:43.720 This conference will last 00:01:43.720 --> 00:01:45.860 until around 10 PM. 00:01:45.860 --> 00:01:47.730 So, we will have a first part, 00:01:47.730 --> 00:01:49.230 until 7.30PM, 00:01:49.230 --> 00:01:50.829 To talk about different points. 00:01:50.829 --> 00:01:53.329 Then we will make a short break. 00:01:53.329 --> 00:01:56.329 It's possible to get food nearby. 00:01:56.329 --> 00:01:58.102 And we'll come back 00:01:58.102 --> 00:02:00.592 at 8 to continue the debate. 00:02:00.592 --> 00:02:04.592 Now, Etienne will take the stage. 00:02:04.889 --> 00:02:08.499 Can you hear me? 00:02:08.499 --> 00:02:11.859 I should lean closer to this thing... 00:02:11.859 --> 00:02:14.799 Can you hear me? 00:02:14.799 --> 00:02:19.099 Good evening, everyone. 00:02:22.479 --> 00:02:27.139 I have a strong idea to get us out of this mess. 00:02:27.139 --> 00:02:30.379 I'm here to talk about it. 00:02:30.379 --> 00:02:32.989 I woke up 6 years ago 00:02:32.989 --> 00:02:35.099 during the debate for the 00:02:35.099 --> 00:02:36.949 European anticonstitutional treaty 00:02:36.949 --> 00:02:39.099 which was suggested in 2005. 00:02:39.099 --> 00:02:40.669 I say anticonstituational 00:02:40.669 --> 00:02:43.269 because it serves, once well studied, 00:02:43.269 --> 00:02:47.429 it serves to destroy our national constitutions. 00:02:47.429 --> 00:02:49.129 And, it works well. 00:02:49.129 --> 00:02:52.129 It's a system that works. 00:02:52.129 --> 00:02:53.379 And, since then, 00:02:54.075 --> 00:02:56.375 since I woke up 00:02:56.375 --> 00:02:58.885 I remained awake, 00:02:58.885 --> 00:03:01.795 and I'm thinking about what might 00:03:01.796 --> 00:03:04.110 protect human beings 00:03:04.110 --> 00:03:06.820 against abuses of power. 00:03:06.820 --> 00:03:08.240 So I read a lot. 00:03:08.240 --> 00:03:11.380 The more I read, the more I want to read. 00:03:11.380 --> 00:03:13.260 It's becoming a reading frenzy. 00:03:13.260 --> 00:03:14.730 And at the same time, I am discovering. 00:03:14.730 --> 00:03:16.100 something useful. I'm finding, 00:03:16.100 --> 00:03:17.350 in the history of men, 00:03:17.350 --> 00:03:19.320 in the history of human thinking, 00:03:19.320 --> 00:03:20.655 I find that men 00:03:20.655 --> 00:03:23.655 have had problems with powers for a long time. 00:03:23.655 --> 00:03:25.445 I find that men 00:03:25.445 --> 00:03:26.875 need (ruling) powers 00:03:26.875 --> 00:03:28.835 when we live in a society. 00:03:28.835 --> 00:03:32.585 We need to delegate some powers. 00:03:32.597 --> 00:03:36.597 And the men to whom we give the power to, 00:03:36.597 --> 00:03:38.257 have always been changing. 00:03:38.257 --> 00:03:40.597 They transform in a bad way. 00:03:40.597 --> 00:03:42.614 So I find by reading, 00:03:42.614 --> 00:03:44.604 that since Aristotle and the Athenian era, 00:03:44.604 --> 00:03:46.714 - I'll talk a lot about Athens tonight 00:03:46.744 --> 00:03:48.604 especially in the second part - 00:03:48.604 --> 00:03:50.894 I find that... 00:03:51.154 --> 00:03:54.794 men have developed means 00:03:54.794 --> 00:03:57.794 to protect themselves from power abuses. 00:03:57.794 --> 00:04:01.424 Very clever means. 00:04:01.424 --> 00:04:03.634 Often thwarted by those 00:04:03.634 --> 00:04:06.634 I call "power thiefs". 00:04:06.634 --> 00:04:10.472 But... 00:04:10.472 --> 00:04:12.270 It's not set in stone. 00:04:12.270 --> 00:04:13.130 Today, 00:04:13.130 --> 00:04:14.893 we are governed by people 00:04:14.893 --> 00:04:16.623 abusing of their (ruling) powers. 00:04:16.623 --> 00:04:18.205 I think the current situation 00:04:18.205 --> 00:04:19.457 really allows for.... 00:04:19.457 --> 00:04:20.890 It is a caricature today. 00:04:20.890 --> 00:04:22.189 Those who don't see 00:04:22.189 --> 00:04:23.419 that those in power abuse 00:04:23.419 --> 00:04:24.799 are completely blind. 00:04:24.799 --> 00:04:27.599 But I think everyone sees that. 00:04:27.599 --> 00:04:30.059 Room question : Who are you talking about? 00:04:30.059 --> 00:04:32.359 The people who are in power. 00:04:32.359 --> 00:04:34.029 Members of the Parliament, 00:04:34.029 --> 00:04:37.319 Ministers, they all make decisions. 00:04:37.319 --> 00:04:40.999 Without any means for, 00:04:40.999 --> 00:04:46.959 the people's discontent to materialize. 00:04:46.959 --> 00:04:50.959 I think it's clear enough. 00:04:53.711 --> 00:04:58.921 The main tool that humans created 00:04:58.939 --> 00:05:02.939 that has been used since Athens, 00:05:02.939 --> 00:05:05.399 is called the Constitution. 00:05:05.399 --> 00:05:08.049 It's the rule of law. 00:05:08.049 --> 00:05:10.029 The law allowed for 00:05:10.029 --> 00:05:11.859 societies to be pacified. 00:05:11.859 --> 00:05:16.109 Our representatives, to whom we give the right 00:05:16.109 --> 00:05:18.582 to write the law, 00:05:18.582 --> 00:05:21.532 to whom we give the power to write the law, 00:05:21.532 --> 00:05:23.552 are, by definition, because they can write the rules, 00:05:23.552 --> 00:05:25.452 they are dangerous. 00:05:25.452 --> 00:05:29.652 And the constitution is used to... 00:05:29.652 --> 00:05:31.757 to limit their power. 00:05:31.757 --> 00:05:33.837 To weaken their power. 00:05:33.837 --> 00:05:38.147 A constitution is used to protect 00:05:38.147 --> 00:05:41.407 those who consent to obey the laws. 00:05:42.167 --> 00:05:45.397 It is used to protect them from the abuses of those 00:05:45.397 --> 00:05:48.247 who have the right to write the rules and the law. 00:05:48.247 --> 00:05:50.844 And so, this is an important and clever text. 00:05:50.844 --> 00:05:53.684 In fact, when we talk about the constitution, 00:05:53.684 --> 00:05:55.864 we talk about the law of the law. 00:05:55.864 --> 00:05:58.094 It is a law which is above 00:05:58.094 --> 00:06:00.284 those who make the law. 00:06:00.284 --> 00:06:02.700 It's a superior law. 00:06:02.700 --> 00:06:04.192 It's more than a law. 00:06:04.192 --> 00:06:08.012 It's more than politics, it's philosophical politics. 00:06:08.012 --> 00:06:10.803 And it concerns us all directly. All of us. 00:06:10.803 --> 00:06:13.803 It concerns us very directly. 00:06:13.803 --> 00:06:18.063 We should learn what a constitution is, 00:06:18.063 --> 00:06:20.213 from a very early age. 00:06:20.213 --> 00:06:22.273 We should know our constitution 00:06:22.273 --> 00:06:23.743 by heart. 00:06:23.743 --> 00:06:27.743 And we should protect our constitution. 00:06:28.619 --> 00:06:30.839 As if it were the best protection 00:06:30.839 --> 00:06:33.839 against all sorts of dominations 00:06:33.839 --> 00:06:37.839 which might attack us. 00:06:40.171 --> 00:06:42.134 Oddly enough though, 00:06:42.134 --> 00:06:45.134 people don't care about the constitution at all. 00:06:45.134 --> 00:06:46.134 They ignore it. 00:06:46.134 --> 00:06:48.094 They've heard the word, 00:06:48.094 --> 00:06:49.974 but they don't know what it means, 00:06:49.974 --> 00:06:51.534 what it's for, 00:06:51.534 --> 00:06:53.434 how it works. 00:06:53.434 --> 00:06:55.414 They don't know what's in it. 00:06:55.414 --> 00:06:57.264 And I think that it is... 00:06:57.674 --> 00:06:59.194 I'll get back to that, 00:06:59.194 --> 00:07:01.384 but I think it's the cause of causes. 00:07:01.384 --> 00:07:02.894 You'll see that I'm looking for, 00:07:02.894 --> 00:07:04.914 in my various subjects, 00:07:04.914 --> 00:07:06.754 which I think about 00:07:06.754 --> 00:07:09.524 while I'm on this kind of quest, 00:07:09.524 --> 00:07:13.524 the quest to resist against abuse of power. 00:07:13.947 --> 00:07:15.487 The main method which ... 00:07:15.487 --> 00:07:18.487 which I am following is... 00:07:18.487 --> 00:07:20.297 I'm looking for the cause of causes, 00:07:20.297 --> 00:07:22.092 as Herodotus suggested. 00:07:22.092 --> 00:07:23.752 I'm looking for the cause of causes, 00:07:23.752 --> 00:07:25.552 and it's true that it works well. 00:07:25.552 --> 00:07:28.892 When you want to solve a problem, 00:07:28.892 --> 00:07:30.882 try to find (a solution) through... 00:07:30.882 --> 00:07:33.882 Everything is multifactorial. 00:07:33.882 --> 00:07:36.372 Every phenomena has several causes, but, 00:07:36.372 --> 00:07:40.122 if you manage to find the determining causes, 00:07:40.122 --> 00:07:41.672 by this I mean the causes 00:07:41.672 --> 00:07:43.755 that lead to other causes 00:07:43.755 --> 00:07:45.758 The primordial causes, 00:07:45.758 --> 00:07:47.648 and even better, if you find 00:07:47.648 --> 00:07:50.487 one cause particularly important, 00:07:50.487 --> 00:07:54.607 by thinking about this one cause, 00:07:54.607 --> 00:07:56.717 you solve many problems at once. 00:07:56.717 --> 00:07:58.357 It's more intelligent 00:07:58.357 --> 00:07:59.997 than treating the consequences. 00:07:59.997 --> 00:08:01.250 But from what I see, 00:08:01.250 --> 00:08:03.070 the people who came before my wake up call, 00:08:03.070 --> 00:08:05.080 while I was still a passive citizen, 00:08:05.080 --> 00:08:06.767 all the old resistants, 00:08:06.767 --> 00:08:09.337 those who spent most of their lives resisting 00:08:09.337 --> 00:08:10.908 very often, they resisted 00:08:10.908 --> 00:08:13.378 focusing on the consequences. 00:08:13.378 --> 00:08:14.378 Some resists 00:08:14.378 --> 00:08:16.358 against ecological disasters. 00:08:16.358 --> 00:08:20.358 Others against the lack of democracy at work. 00:08:20.358 --> 00:08:24.358 Others against the corruption of the government. 00:08:24.358 --> 00:08:28.358 There are associations, movements... 00:08:28.358 --> 00:08:32.358 Some are against nuclear plants, for example. 00:08:32.358 --> 00:08:33.738 Etc... 00:08:36.358 --> 00:08:38.588 And, I think, 00:08:38.588 --> 00:08:42.688 - I'm like everyone else, I have my own pet subject - 00:08:42.688 --> 00:08:45.168 but I think that, 00:08:45.168 --> 00:08:49.338 all those social injustices, 00:08:49.338 --> 00:08:51.485 have one common cause, 00:08:51.485 --> 00:08:53.375 which is the abuse of power. 00:08:53.375 --> 00:08:55.095 I mean the possibility 00:08:55.095 --> 00:08:57.815 for those who have the power, to abuse of it. 00:08:57.815 --> 00:09:01.181 It seems to me that this is the common cause 00:09:01.181 --> 00:09:03.791 So, I try to understand. 00:09:03.791 --> 00:09:07.811 What allows people who have power 00:09:07.811 --> 00:09:09.444 to abuse in this fashion 00:09:09.444 --> 00:09:11.584 wihtout us being able to react? 00:09:11.584 --> 00:09:16.462 Today, the states create for the banks 00:09:16.462 --> 00:09:20.492 hundreds, thousands of billions 00:09:20.492 --> 00:09:23.082 so that banks can themselves 00:09:23.082 --> 00:09:27.082 lend it to us with interests. 00:09:27.082 --> 00:09:31.532 And instead of lending to small companies, 00:09:34.123 --> 00:09:37.733 or to citizen in needs, 00:09:37.733 --> 00:09:40.623 this money goes in the pockets 00:09:40.623 --> 00:09:42.483 of people super rich 00:09:42.483 --> 00:09:44.533 who already have too much money. 00:09:44.533 --> 00:09:46.513 And we can't do a thing to resist! 00:09:46.513 --> 00:09:48.053 What can we do to resist? 00:09:48.053 --> 00:09:49.423 I am not exaggerating. 00:09:49.423 --> 00:09:51.473 Concretely, what can we do to resist? 00:09:51.473 --> 00:09:54.363 Someone in the room : 'It's essential to sustain the banks... 00:09:54.363 --> 00:09:56.373 so that they can allow for investments." 00:09:56.373 --> 00:09:57.693 I do not agree. 00:09:57.693 --> 00:10:01.343 In fact, when we will talk about money... 00:10:04.183 --> 00:10:08.183 Your objections are absolutely precious to me. 00:10:08.183 --> 00:10:11.743 I mean, I need objections to improve myself. 00:10:11.743 --> 00:10:14.983 And objections, controversies I'm experiencing since six years 00:10:14.983 --> 00:10:16.823 make me progress very fast. 00:10:16.823 --> 00:10:20.823 So I will definitely not remove any of your objections 00:10:20.823 --> 00:10:22.503 with the back of my hand 00:10:22.503 --> 00:10:24.646 wihtout making the effort to prove 00:10:24.646 --> 00:10:27.726 carefully and rationally 00:10:27.726 --> 00:10:31.726 the points I defend in opposition to you. 00:10:32.616 --> 00:10:35.116 When you say: 00:10:35.116 --> 00:10:39.986 "We absolutely need to save the banks, to support the banks" 00:10:39.986 --> 00:10:43.986 Yes, but not unrequited. 00:10:43.986 --> 00:10:45.946 Yes, but not without obligations. 00:10:45.946 --> 00:10:48.366 Yes because if we give up on the banks, 00:10:48.366 --> 00:10:50.336 the system falls and us with it. 00:10:50.336 --> 00:10:51.356 Yes so in fact, 00:10:51.356 --> 00:10:55.356 as Frederic Lordon, a friend, says 00:10:55.356 --> 00:10:58.576 in fact, we need to support the banks. 00:10:58.576 --> 00:11:00.576 Support our financial system. 00:11:00.576 --> 00:11:03.296 But nothing, nothing obliges us 00:11:03.296 --> 00:11:05.546 or obliges those who govern us 00:11:05.546 --> 00:11:07.627 to do it unrequitedly. Nothing at all. 00:11:07.627 --> 00:11:10.337 These people are in fraudulent bankruptcy. 00:11:10.337 --> 00:11:12.917 The banks today are in fraudulent bankruptcy. 00:11:12.917 --> 00:11:14.977 Which means they should be in jail. 00:11:14.977 --> 00:11:17.181 And instead we save them without any compensations? 00:11:17.181 --> 00:11:19.328 I find it more than questionable. 00:11:19.328 --> 00:11:20.968 But we will come back to it if you want 00:11:20.968 --> 00:11:23.298 when it will be the time to talk about money. 00:11:23.298 --> 00:11:25.268 Because I have many topics. 00:11:25.268 --> 00:11:27.238 And I can talk about money now but 00:11:27.238 --> 00:11:29.648 it seems to me that there is a logical order. 00:11:29.648 --> 00:11:32.418 I think we can start by observing 00:11:32.418 --> 00:11:35.568 the way European Union works 00:11:35.570 --> 00:11:37.930 and its malfunctions 00:11:37.930 --> 00:11:39.740 as it is the topic of the evening. 00:11:39.740 --> 00:11:42.020 What do we do with this European Union? 00:11:42.020 --> 00:11:45.190 If we had to do it again, would we? 00:11:45.190 --> 00:11:47.730 And, as we will study the European Union, 00:11:47.730 --> 00:11:49.200 we will talk about money. 00:11:49.200 --> 00:11:51.360 We will deepen the topic of money. 00:11:51.360 --> 00:11:52.800 And I will tell you about 00:11:52.800 --> 00:11:54.760 the mecanisms of monetary creation. 00:11:54.760 --> 00:11:55.830 The way today 00:11:55.830 --> 00:11:57.030 we create money 00:11:57.030 --> 00:11:58.322 is... crazy! 00:11:58.322 --> 00:11:59.672 Really not reasonable. 00:11:59.672 --> 00:12:01.022 And it's not the only way to do it. 00:12:01.022 --> 00:12:02.742 There are alternatives. 00:12:02.742 --> 00:12:05.142 We could create the money in a different way. 00:12:05.142 --> 00:12:06.822 With risks that we need to understand 00:12:06.822 --> 00:12:08.722 and which we will talk about. 00:12:08.722 --> 00:12:11.772 But risks which should not lead us 00:12:11.772 --> 00:12:13.532 to give up reclaiming 00:12:13.532 --> 00:12:15.592 the process of monetary creation. 00:12:15.592 --> 00:12:18.132 But I suggest that we will talk about it a little bit later. 00:12:18.132 --> 00:12:21.082 To avoid talking about everything at the same time. 00:12:21.082 --> 00:12:23.362 But, everytime, which would be good 00:12:23.362 --> 00:12:25.222 is that I could tell you 00:12:25.222 --> 00:12:28.222 where I am with my analysis. The work I am doing. 00:12:28.222 --> 00:12:29.362 And then I stop. 00:12:29.362 --> 00:12:31.082 Even if I haven't said everything. 00:12:31.082 --> 00:12:33.182 Because if I say everything I have to say, 00:12:33.182 --> 00:12:35.822 I could talk about it days on end without stopping 00:12:35.822 --> 00:12:37.722 So, I won't to tell you everything. 00:12:37.722 --> 00:12:40.112 That I stop and let you talk. 00:12:41.090 --> 00:12:42.800 And a good part 00:12:42.800 --> 00:12:44.240 of what I have to tell you, 00:12:44.240 --> 00:12:46.950 I express it in reaction to your objections, 00:12:46.950 --> 00:12:48.821 your fears, your suggestions. 00:12:48.821 --> 00:12:51.111 And also because, for me, it is precious. 00:12:51.111 --> 00:12:52.811 I come looking for this as well. 00:12:52.811 --> 00:12:54.291 Which means you will 00:12:54.291 --> 00:12:56.251 most certainly bring me 00:12:56.252 --> 00:12:57.272 a lot of things 00:12:57.272 --> 00:12:59.382 through new objections, a new idea. 00:12:59.382 --> 00:13:00.972 Almost at every conference 00:13:00.972 --> 00:13:03.682 I come out with a good, a really good idea. 00:13:03.682 --> 00:13:06.652 Which will help me. Which I cultivate. Which I work on. 00:13:06.652 --> 00:13:08.832 Someone in the room : "Dialogue is essential...." 00:13:08.832 --> 00:13:11.152 Absolutely! Dialogue is absolutely essential. 00:13:11.152 --> 00:13:12.352 There is a sentence 00:13:12.352 --> 00:13:14.072 which I discovered last week 00:13:14.072 --> 00:13:15.522 which says it differently. 00:13:15.522 --> 00:13:18.792 Which says "I need my enemies". 00:13:18.792 --> 00:13:21.292 It's really well said, I believe. 00:13:21.292 --> 00:13:23.864 It's true that I need my opponents. 00:13:23.864 --> 00:13:26.244 I need my opponents to move forward. 00:13:26.244 --> 00:13:27.965 And I also need my friends. 00:13:27.965 --> 00:13:29.785 Who disagree with me on certain topics. 00:13:29.785 --> 00:13:31.265 And who contradict me on those. 00:13:31.265 --> 00:13:33.293 I love controversy. 00:13:33.293 --> 00:13:36.153 here, I think I never progress as much 00:13:36.153 --> 00:13:39.133 as during a contradictory debate 00:13:39.133 --> 00:13:40.753 where we do not agree. 00:13:40.753 --> 00:13:43.542 And sometimes I realize that I was wrong. 00:13:43.542 --> 00:13:45.912 That I had a wrong angle, and I correct it. 00:13:45.912 --> 00:13:47.344 Sometimes I manage to show 00:13:47.344 --> 00:13:49.424 that it's my opponent that had a wrong angle. 00:13:49.428 --> 00:13:50.728 And here we discuss. 00:13:50.728 --> 00:13:52.578 My goal is not be right. 00:13:52.578 --> 00:13:54.978 I am looking for... the greater good. 00:13:54.978 --> 00:13:57.908 And most of the resistants too. 00:13:57.908 --> 00:14:00.758 We all have our method, our tools. 00:14:00.758 --> 00:14:04.158 I think that people who are looking for social justice, 00:14:04.158 --> 00:14:06.588 out of good faith, should be able to get along. 00:14:06.588 --> 00:14:08.318 If they disagree on 00:14:08.318 --> 00:14:09.638 the means to reach 00:14:09.638 --> 00:14:10.848 social justice, 00:14:10.848 --> 00:14:12.698 I think they should be capable 00:14:12.698 --> 00:14:14.898 to discuss it respectfully. 00:14:14.898 --> 00:14:16.598 By trying to take the best 00:14:16.598 --> 00:14:18.271 of the other's thinking process. 00:14:18.271 --> 00:14:20.331 We just need to give ourselves time. 00:14:20.331 --> 00:14:21.771 And actually it is good 00:14:21.771 --> 00:14:23.181 that we have time tonight. 00:14:23.181 --> 00:14:25.731 Because these are real rich and dense topics. 00:14:25.731 --> 00:14:27.991 On which we have much to say. 00:14:27.991 --> 00:14:29.511 It's good to have time 00:14:29.511 --> 00:14:31.164 to develop them 00:14:33.474 --> 00:14:36.366 I handed out 00:14:36.366 --> 00:14:38.216 a first double-sided document . 00:14:38.216 --> 00:14:40.166 A simple sheet on which... 00:14:40.166 --> 00:14:42.176 You will see I have brought 00:14:42.176 --> 00:14:43.486 a lot of documents. 00:14:43.486 --> 00:14:45.866 Because I am a teacher. 00:14:45.866 --> 00:14:48.306 And so, I am used to... 00:14:50.916 --> 00:14:54.916 Not saying everything. 00:14:54.916 --> 00:14:58.916 And at the same time to see that people who listen to me 00:14:58.916 --> 00:15:01.350 are not always so focused. 00:15:01.350 --> 00:15:03.950 And I am the same, we are all like this. 00:15:03.950 --> 00:15:07.950 And can miss an important moment 00:15:07.950 --> 00:15:11.230 which we lack, later, from the whole reasoning. 00:15:11.230 --> 00:15:14.350 The good way to overcome these difficulties 00:15:14.350 --> 00:15:15.940 to communicate orally 00:15:15.940 --> 00:15:18.800 is to have a written support, which sets [the topics] well. 00:15:18.800 --> 00:15:21.120 [A document] prepared in advance 00:15:21.120 --> 00:15:23.490 and on which we are sure we haven't forgotten anything. 00:15:23.490 --> 00:15:26.320 I am not going to read this document 00:15:26.320 --> 00:15:28.300 but I invite you to read it calmly 00:15:28.300 --> 00:15:29.610 at your leisure, later. 00:15:29.610 --> 00:15:31.500 They will surely be some things 00:15:31.500 --> 00:15:34.200 which I would have forgotten to tell you tonight. 00:15:34.200 --> 00:15:35.530 But it's not important. 00:15:35.530 --> 00:15:36.790 You'll find it in the document. 00:15:36.790 --> 00:15:39.590 And then, there are things I'll have said 00:15:39.590 --> 00:15:41.410 that I won't have pronounced well 00:15:41.410 --> 00:15:43.270 or on which I won't have insisted on enough 00:15:43.270 --> 00:15:45.390 which you might not have understood... 00:15:45.390 --> 00:15:48.040 And which you will understand maybe better by reading. 00:15:48.040 --> 00:15:50.250 This first page 00:15:51.030 --> 00:15:52.480 It is a sort of summary 00:15:52.480 --> 00:15:55.710 of what leads me to think about this topic. 00:15:56.450 --> 00:15:57.840 About the solution 00:15:57.840 --> 00:16:05.050 the institutional solution that I plan or see 00:16:09.561 --> 00:16:13.561 In this first page, there is this introduction 00:16:13.561 --> 00:16:15.471 which I made earlier 00:16:15.471 --> 00:16:18.591 and which explains men have always needed power. 00:16:18.591 --> 00:16:21.261 Have always confronted power abuses. 00:16:21.261 --> 00:16:24.751 Invented in order to resist the idea of constitution. 00:16:24.751 --> 00:16:27.431 That a constitution is not used to organise powers, 00:16:27.431 --> 00:16:29.711 it is used to weaken them. 00:16:30.901 --> 00:16:32.991 It is used to weaken them. 00:16:32.991 --> 00:16:34.921 And so, in a constitution, 00:16:34.921 --> 00:16:37.171 if we seek to weaken the power, 00:16:37.171 --> 00:16:38.951 if we don't seek to destroy it, 00:16:38.951 --> 00:16:40.531 we need the power... 00:16:40.531 --> 00:16:41.941 But we seek to weaken it 00:16:41.941 --> 00:16:43.551 so that they don't abuse of it. 00:16:43.551 --> 00:16:45.961 So that our servants don't become our masters. 00:16:45.961 --> 00:16:48.721 So that we don't become the prey of tyrants. 00:16:49.507 --> 00:16:52.387 And so that the constitution does its' job 00:16:52.387 --> 00:16:53.967 of power weakening 00:16:53.974 --> 00:16:57.134 while still having itself enough power to work, 00:16:57.138 --> 00:16:59.468 there is a whole serie of measurements, 00:16:59.468 --> 00:17:02.858 rules, articles in the constitutions, 00:17:02.858 --> 00:17:05.335 of principles which we would like to see applied 00:17:05.335 --> 00:17:08.105 which I have detailed at the back of this document. 00:17:08.105 --> 00:17:12.105 At the back of this document, I have made a list. 00:17:12.105 --> 00:17:14.825 We will not have the time to work on it this evening 00:17:14.825 --> 00:17:15.645 Maybe later 00:17:15.645 --> 00:17:17.745 we will work on two, three, four points. 00:17:17.745 --> 00:17:19.365 Maybe points on which 00:17:19.365 --> 00:17:21.695 you would like... maybe during the break, 00:17:21.695 --> 00:17:23.385 you could have a look at it. 00:17:23.385 --> 00:17:25.371 If there are points on which you would like to address, 00:17:25.371 --> 00:17:26.661 we could deepen them. 00:17:26.661 --> 00:17:28.466 "But why is he talking about this?" 00:17:28.466 --> 00:17:30.636 or "Hey, he forgot to talk about that..." 00:17:30.636 --> 00:17:33.946 All of this, in my thinking process, is not closed at all. 00:17:33.946 --> 00:17:36.547 I am still thinking about it. 00:17:37.175 --> 00:17:39.895 I find ideas every day. 00:17:40.576 --> 00:17:43.296 I am totally open to criticism, 00:17:43.296 --> 00:17:45.576 to evolution, to new ideas. 00:17:46.975 --> 00:17:48.745 I am not at all 00:17:48.745 --> 00:17:52.745 describing a turn-key solution, 00:17:52.745 --> 00:17:54.785 a sort of new dogma or religion. 00:17:54.785 --> 00:17:56.435 Not at all. 00:17:57.003 --> 00:17:59.263 Simply, I beleive 00:17:59.263 --> 00:18:02.035 that I'm educating myself to 00:18:02.035 --> 00:18:03.795 "What is a constitution?" 00:18:03.795 --> 00:18:06.785 How come we are not taking care of it? 00:18:06.785 --> 00:18:10.077 Why is it that we have not seized it, everyone of us, 00:18:10.083 --> 00:18:13.383 we who consent to obey to power, 00:18:13.383 --> 00:18:15.703 why have we not seized this tool? 00:18:15.703 --> 00:18:17.803 And what should we know in this tool 00:18:17.803 --> 00:18:19.354 instead of neglecting it ? 00:18:19.354 --> 00:18:21.574 And while I am making it mine, 00:18:21.574 --> 00:18:23.464 as I am a teacher, I like to explain, 00:18:23.464 --> 00:18:24.924 well, I make the most of it ! 00:18:24.924 --> 00:18:26.364 Moreover, I had the chance in 2005 00:18:26.364 --> 00:18:28.464 to have this kind of unbelievable fame 00:18:28.464 --> 00:18:30.534 which came from Internet 00:18:30.534 --> 00:18:32.234 and of the game of the medias. 00:18:32.234 --> 00:18:33.624 Well, I make the most of it. 00:18:33.624 --> 00:18:35.214 It gives me the standing. 00:18:35.214 --> 00:18:36.434 So I make the most of it. 00:18:36.434 --> 00:18:37.804 I am discovering something. 00:18:37.804 --> 00:18:39.674 It seems that I am finding an idea, 00:18:39.674 --> 00:18:43.184 a series of ideas, which are at the same time original 00:18:43.188 --> 00:18:47.688 and very old, because they date of 2500 years, 00:18:47.688 --> 00:18:50.178 but completely buried, forgotten and brilliant. 00:18:50.178 --> 00:18:51.868 Really, athenians had found 00:18:51.868 --> 00:18:53.148 something marvellous 00:18:53.148 --> 00:18:55.148 to protect themselves from power thieves. 00:18:55.148 --> 00:18:58.422 I turning around this idea. 00:19:03.802 --> 00:19:06.022 Testing it with fire. 00:19:06.022 --> 00:19:09.202 To the fire of your critics and objections. 00:19:09.202 --> 00:19:10.402 To check if it holds [true]. 00:19:10.406 --> 00:19:12.376 That it still makes sense. 00:19:12.376 --> 00:19:14.788 It's not a dogma at all. 00:19:14.788 --> 00:19:16.008 It's an idea which is... 00:19:16.015 --> 00:19:18.125 Which is becoming stronger. 00:19:18.125 --> 00:19:25.837 You will see that the idea of real democracy 00:19:25.837 --> 00:19:30.247 possible and protected, by selection through lots. 00:19:30.262 --> 00:19:33.942 You will see that it is seducing. 00:19:33.942 --> 00:19:35.682 It is very promising. 00:19:40.449 --> 00:19:42.909 Sortition, I saw it coming. 00:19:42.909 --> 00:19:44.369 I will speak about it a little now, 00:19:44.369 --> 00:19:46.159 and a lot more at the end of the evening, 00:19:46.159 --> 00:19:47.819 when we will see democracy. 00:19:47.819 --> 00:19:48.639 How it works. 00:19:48.639 --> 00:19:50.299 How it worked in Athens. 00:19:50.299 --> 00:19:51.849 And what should we reuse? 00:19:51.849 --> 00:19:53.369 What can we reuse? 00:19:53.369 --> 00:19:55.081 We will see this more in details. 00:19:55.081 --> 00:19:58.881 But very quickly in fact, in 2005 00:20:01.871 --> 00:20:05.141 while studying the European institutions, 00:20:05.531 --> 00:20:06.771 I wondered 00:20:06.771 --> 00:20:08.731 "But how could we write 00:20:09.892 --> 00:20:11.572 such bad institutions, 00:20:11.572 --> 00:20:14.732 so unprotective for citizens?" 00:20:16.665 --> 00:20:19.505 Because, it will be the first part of the evening. 00:20:19.505 --> 00:20:22.015 We will work or I suggest we work 00:20:22.015 --> 00:20:26.795 on the main grievances that I find. 00:20:26.795 --> 00:20:30.795 It is a first stone in the debate. 00:20:30.795 --> 00:20:33.525 I don't mean to summarize it all. 00:20:33.525 --> 00:20:35.915 But what I consider like the most important 00:20:35.915 --> 00:20:37.915 to hold against the European institutions. 00:20:37.916 --> 00:20:39.566 We'll see this in not too long. 00:20:39.566 --> 00:20:41.806 But already, before looking at the detail, 00:20:41.806 --> 00:20:45.806 if you have participated to the 2005 debate, 00:20:45.806 --> 00:20:47.818 you will remember that there was 00:20:47.818 --> 00:20:49.848 a lot to say about this constitution. 00:20:49.848 --> 00:20:52.398 And as I was thinking, 00:20:52.398 --> 00:20:54.548 I was wondering... still the same 00:20:54.548 --> 00:20:56.538 I was looking for "the cause of causes". 00:20:56.538 --> 00:20:58.418 But what led us to 00:20:58.418 --> 00:21:01.418 texts so unprotective of men? 00:21:01.418 --> 00:21:03.652 So pretentious? 00:21:03.652 --> 00:21:05.962 Texts which pretend to protect us 00:21:05.962 --> 00:21:07.502 pretend to establish... 00:21:07.502 --> 00:21:08.562 what did they say?... 00:21:08.562 --> 00:21:11.452 "The highest standards of democracy" they said. 00:21:11.891 --> 00:21:14.651 And in the same time organised, 00:21:14.651 --> 00:21:16.838 in the most minor detail, 00:21:16.838 --> 00:21:19.097 the perfect politic powerlessness 00:21:19.097 --> 00:21:20.187 of every citizen 00:21:20.187 --> 00:21:22.827 who couldn't change a thing anymore. 00:21:23.949 --> 00:21:27.136 I thought : "How did we come to this?" 00:21:27.136 --> 00:21:29.176 In fact, by answering this question 00:21:29.176 --> 00:21:31.726 I answered to all the questions of the same nature 00:21:31.727 --> 00:21:34.347 which I could encounter at a national level as well. 00:21:34.347 --> 00:21:37.157 Because what we encounter at the European level, 00:21:37.157 --> 00:21:38.797 this political powerlessness 00:21:38.797 --> 00:21:40.487 which is organised in the European institutions. 00:21:40.487 --> 00:21:42.337 We already encounter it at a national level. 00:21:42.337 --> 00:21:43.787 And we encounter it... 00:21:43.787 --> 00:21:47.173 in almost every country of the world. 00:21:47.762 --> 00:21:49.762 So, is it a fatality? 00:21:49.762 --> 00:21:53.154 Or is there a common cause? 00:21:54.409 --> 00:21:56.519 Which leads us to understand why 00:21:56.519 --> 00:21:58.029 it always happen like this 00:21:58.029 --> 00:22:00.319 and which would lead us to understand 00:22:00.319 --> 00:22:01.889 what should we change for 00:22:01.889 --> 00:22:03.609 it not to always happen like this. 00:22:03.609 --> 00:22:05.169 And I think I found it. 00:22:05.169 --> 00:22:07.542 The European institutions have been written 00:22:07.542 --> 00:22:09.922 by ministers... and presidents. 00:22:12.210 --> 00:22:15.100 And we see this everywhere in the European institutions 00:22:15.100 --> 00:22:17.655 that it is ministers who wrote the institutions. 00:22:17.655 --> 00:22:20.435 In the European institutions 00:22:20.435 --> 00:22:24.435 legislative power is vested in 00:22:24.435 --> 00:22:27.165 the ministers, mainly. 00:22:28.383 --> 00:22:30.503 Our ministers at national level 00:22:30.503 --> 00:22:33.053 who take off their minister costumes 00:22:33.053 --> 00:22:34.925 when they leave France 00:22:34.925 --> 00:22:37.475 to go to the European parliament 00:22:37.475 --> 00:22:39.355 to go in the European institutions 00:22:39.356 --> 00:22:42.636 And there they put on their parliamentary costumes 00:22:42.640 --> 00:22:44.660 but they are ministers! 00:22:44.670 --> 00:22:47.869 They put their parliamentary costumes to write laws. 00:22:47.869 --> 00:22:49.649 The European laws. 00:22:49.649 --> 00:22:53.200 Which are transposed in the French law, or in national law. 00:22:53.200 --> 00:22:55.130 It is the same in all the countries. 00:22:55.130 --> 00:22:57.285 Almost mechanically, automatically. 00:22:57.285 --> 00:22:59.685 And then they go back in their countries, 00:22:59.685 --> 00:23:02.795 and they put back their ministers costumes. 00:23:04.295 --> 00:23:07.960 And we can see that they wrote the rules. 00:23:07.960 --> 00:23:12.070 We will come back on the detail 00:23:12.070 --> 00:23:15.210 of all the great risks in the European institutions. 00:23:15.210 --> 00:23:17.534 But we can see 00:23:17.534 --> 00:23:19.620 that it is European ministers 00:23:19.620 --> 00:23:21.826 who wrote the European institutions. 00:23:21.826 --> 00:23:24.556 In the same way that the French institutions, 00:23:24.556 --> 00:23:26.446 the constitution of 1958, we can see 00:23:26.446 --> 00:23:29.256 that it is De Gaulles [1st president of the 5th Republic] who wrote it. 00:23:29.256 --> 00:23:30.784 I am told: "it's Debré." 00:23:30.784 --> 00:23:33.644 Yes it is Debré, but Debré, he wrote it for De Gaulle. 00:23:33.644 --> 00:23:35.551 Lawyers, the great lawyers, 00:23:35.551 --> 00:23:37.201 the great teachers of public law 00:23:37.201 --> 00:23:39.511 who wrote apparently the institutions of the fifth republic... [wrote it for De Gaule] 00:23:39.511 --> 00:23:41.557 But we can see everywhere 00:23:41.557 --> 00:23:43.961 that the institutions of the fifth are not made 00:23:43.961 --> 00:23:46.011 like those of the fourth or of the third [republic]. 00:23:46.011 --> 00:23:48.111 They were made for the president 00:23:48.111 --> 00:23:51.201 who built them for himself. 00:23:51.201 --> 00:23:56.496 It's like this almost everywhere in the world. 00:23:56.496 --> 00:23:59.930 And that's why in fact... 00:24:01.010 --> 00:24:03.460 Men who hold power should not 00:24:03.460 --> 00:24:05.500 write the rules that control power. 00:24:05.776 --> 00:24:07.636 That's how I summarise it. 00:24:07.636 --> 00:24:09.076 It is with these words 00:24:09.076 --> 00:24:10.976 that I summarise the "heart of the heart" 00:24:10.976 --> 00:24:13.296 The most important thing I have to tell you. 00:24:13.296 --> 00:24:15.866 It seems to me that this is the cause of causes 00:24:15.866 --> 00:24:17.976 of our political powerlessness. 00:24:17.982 --> 00:24:20.652 It is that we have no constitution. 00:24:20.936 --> 00:24:23.286 The declaration of human rights 00:24:23.286 --> 00:24:26.856 which our revolutionary forefathers [wrote]. 00:24:27.930 --> 00:24:30.040 We need to read the constitutional debates. 00:24:30.040 --> 00:24:31.890 The debates that had those people 00:24:31.890 --> 00:24:33.630 in the moment where they freed themselves 00:24:33.640 --> 00:24:35.200 from the former tyranny 00:24:35.200 --> 00:24:36.780 and where they made a tool 00:24:36.780 --> 00:24:38.200 to protect themselves against tyranny. 00:24:38.200 --> 00:24:41.073 The thoughts, the discussions they had. 00:24:41.073 --> 00:24:43.243 The thoughts they had 00:24:43.243 --> 00:24:44.503 to protect durably 00:24:44.503 --> 00:24:45.753 against power abuse. 00:24:45.753 --> 00:24:47.733 That was the french revolution! 00:24:48.936 --> 00:24:52.256 There are absolutely fascinating discussions. 00:24:52.262 --> 00:24:54.622 And they knew very well 00:24:54.622 --> 00:24:56.032 that we had to weaken power. 00:24:56.032 --> 00:24:57.887 Montesquieu thought about it before 00:24:57.887 --> 00:25:01.865 and revolutionnary knew of course Montesquieu, Rousseau... 00:25:01.865 --> 00:25:04.045 They knew they had to divide powers 00:25:04.047 --> 00:25:06.577 for the power not to abuse of power. 00:25:06.577 --> 00:25:08.227 Montesquieu said : "We need 00:25:08.227 --> 00:25:09.527 power to stop power." 00:25:09.527 --> 00:25:11.767 Which means that we needed ... 00:25:11.767 --> 00:25:14.227 and Montesquieu imagined only three powers. 00:25:14.227 --> 00:25:15.737 He had seen: 00:25:15.737 --> 00:25:17.407 - those who made the laws: the parliament 00:25:17.407 --> 00:25:19.165 - those who execute the laws: the executives 00:25:19.165 --> 00:25:20.940 - and those who settle conflicts 00:25:20.940 --> 00:25:23.500 those who apply the rules: the judges. 00:25:23.500 --> 00:25:26.971 And he said, we need that those who write the laws 00:25:26.971 --> 00:25:30.541 the parliamentarians, do not put them in force. 00:25:31.131 --> 00:25:35.091 That those who put laws in application, the executives 00:25:35.091 --> 00:25:36.591 You shouldn't say government [in this case] 00:25:36.591 --> 00:25:39.031 Because if you say government, you get scammed. 00:25:39.031 --> 00:25:40.601 Otherwise it will do everything, it is going to write the laws. 00:25:40.601 --> 00:25:42.991 If [the executives] are called government, then the government holds in itself, 00:25:42.991 --> 00:25:45.675 the word holds in itself, the confusion of the powers. 00:25:45.675 --> 00:25:47.965 We shouldn't call them government. 00:25:47.965 --> 00:25:49.875 We shouldn't accept "one" government. 00:25:49.875 --> 00:25:52.405 Call it the executive. 00:25:52.652 --> 00:25:55.502 And you will see that the word leads you 00:25:55.502 --> 00:25:56.872 to be more rigorous with 00:25:56.872 --> 00:25:59.292 the essential principle of powers division. 00:25:59.292 --> 00:26:02.022 An essential principle for us to protect us from power abuse. 00:26:02.022 --> 00:26:03.692 So what Montesquieu said is that 00:26:03.692 --> 00:26:07.602 the executive executes without having the right to writing [laws]. 00:26:07.602 --> 00:26:08.967 Without writing... 00:26:09.793 --> 00:26:12.513 Because 1) if the one who writes the laws 00:26:12.513 --> 00:26:13.963 cannot execute them, 00:26:13.963 --> 00:26:15.463 2) if the one that executes the laws 00:26:15.463 --> 00:26:16.623 cannot write them, 00:26:16.623 --> 00:26:18.541 do you understand the idea? 00:26:18.541 --> 00:26:20.053 It is a clever idea 00:26:20.053 --> 00:26:22.333 to divide powers. 00:26:22.843 --> 00:26:24.273 Very clever! 00:26:24.273 --> 00:26:26.983 It allows, for a constitutional structure, 00:26:26.983 --> 00:26:30.674 in the superior law structure, 00:26:30.674 --> 00:26:32.084 of the right of law, 00:26:32.084 --> 00:26:34.204 above those who will make the law, 00:26:34.204 --> 00:26:38.204 it allows for our protection. 00:26:38.204 --> 00:26:42.084 Because nobody has all the powers for himself. 00:26:43.304 --> 00:26:45.424 And then Montesquieu continued 00:26:45.429 --> 00:26:48.949 saying that judges must be independant 00:26:48.949 --> 00:26:50.669 from the two other powers 00:26:50.669 --> 00:26:52.379 to be able to apply the laws. 00:26:52.379 --> 00:26:55.379 Therefore, for the law to be applied 00:26:55.379 --> 00:26:59.379 It had to be that the one who writes the laws 00:26:59.379 --> 00:27:01.309 agrees with the one who executes the laws 00:27:01.309 --> 00:27:05.349 and agrees with the one who applies them: the judge. 00:27:05.349 --> 00:27:08.831 We would be well sheltered 00:27:08.831 --> 00:27:10.931 against power abuse if we do that. 00:27:10.931 --> 00:27:13.768 What the revolutionnaries said 00:27:13.768 --> 00:27:16.168 in the declaration of human rights 00:27:16.168 --> 00:27:22.464 is that: "A nation which does not divide powers 00:27:22.464 --> 00:27:24.821 doesn't have a constitution." 00:27:24.821 --> 00:27:27.265 It is the article 16. 00:27:27.265 --> 00:27:31.245 A nation which doesn't divide powers 00:27:31.245 --> 00:27:33.495 does not have a constitution. 00:27:33.495 --> 00:27:35.201 We cannot be clearer! 00:27:35.201 --> 00:27:37.651 It means that if we pretend to having one, it's false. 00:27:37.651 --> 00:27:40.091 And it's true... I believe it is true! 00:27:40.091 --> 00:27:42.248 I will even say better for today. 00:27:42.251 --> 00:27:45.271 In the twenty first century we can push a little further, 00:27:45.271 --> 00:27:46.951 we can think further, 00:27:46.951 --> 00:27:51.637 and say : "A constitution which does not protect us well 00:27:51.637 --> 00:27:55.598 - either because of the undivided powers 00:27:55.598 --> 00:27:57.368 or because of something else - 00:27:57.374 --> 00:27:59.914 a constitution which does not protect us well 00:27:59.914 --> 00:28:01.714 against power abuses 00:28:01.714 --> 00:28:03.376 is not a constitution! 00:28:03.376 --> 00:28:06.086 Because its job, its reason of existance 00:28:06.086 --> 00:28:10.266 Because a constitution is used only for that! 00:28:10.266 --> 00:28:12.142 To protect us all, 00:28:12.142 --> 00:28:14.172 the rich, the poor, the young, the old, everyone 00:28:14.172 --> 00:28:16.032 to protect us against power abuse. 00:28:16.032 --> 00:28:17.982 As the definition itself 00:28:17.982 --> 00:28:19.792 the essence of a constitution 00:28:19.792 --> 00:28:21.922 is to protect us from power abuse. 00:28:21.922 --> 00:28:23.362 If it doesn't do its job 00:28:23.362 --> 00:28:25.262 it is not a constitution! 00:28:25.262 --> 00:28:29.097 Or it's a bad constitution 00:28:31.184 --> 00:28:35.184 From this point of view, the fifth [republic] is really bad. 00:28:35.184 --> 00:28:36.954 It is a bad constitution 00:28:36.954 --> 00:28:39.474 and the European constitution is bad too! 00:28:39.474 --> 00:28:41.454 We can talk about it in details. 00:28:41.454 --> 00:28:43.004 I am starting from the end 00:28:43.004 --> 00:28:44.464 by telling you the conclusion. 00:28:44.464 --> 00:28:47.564 It's not well but we can have a look... 00:28:48.064 --> 00:28:51.214 Article by article, almost. 00:28:51.952 --> 00:28:54.722 So it is in fact the meaning of the document 00:28:54.722 --> 00:28:57.732 the back of the first document that I am talking about, 00:28:57.732 --> 00:29:00.503 consists in saying : "let's see where we stand... 00:29:00.503 --> 00:29:02.603 what do we expect from a constitution?" 00:29:02.607 --> 00:29:04.367 By which mechanical ways, 00:29:04.367 --> 00:29:05.827 which legal ways, 00:29:05.827 --> 00:29:07.777 A constitution protects me? 00:29:07.777 --> 00:29:09.983 "Protects me", I am not talking about me obviously 00:29:09.994 --> 00:29:12.044 I talk in a general way, as "me citizen" 00:29:12.044 --> 00:29:15.215 By which means a constitution protects me? 00:29:15.215 --> 00:29:19.215 The parliament ... "Is above others" 00:29:19.215 --> 00:29:21.725 "The voting system secures a majority" 00:29:21.725 --> 00:29:24.065 "The voting system gives a place to the minority" 00:29:24.065 --> 00:29:26.375 "Some seats are reserved...." 00:29:26.375 --> 00:29:28.785 So you will see, in there, that 00:29:28.785 --> 00:29:30.485 some things are a little unorthodox 00:29:30.485 --> 00:29:31.935 because, when I say "Some seats 00:29:31.935 --> 00:29:33.895 of every organs are reserved 00:29:33.895 --> 00:29:35.995 to sorted citizens," 00:29:38.936 --> 00:29:42.416 Every single line could deserve to be studied. 00:29:42.416 --> 00:29:44.686 If I start digging into this, 00:29:44.687 --> 00:29:46.937 it is going to be too long and it mustn't be. 00:29:46.937 --> 00:29:49.200 But what I wanted, I did a table there 00:29:49.200 --> 00:29:51.610 with, to the right, some boxes to tick 00:29:51.610 --> 00:29:54.360 and when I examinate my constitution : I tick 00:29:54.360 --> 00:29:56.320 Do I have it? Or not? 00:29:56.320 --> 00:29:58.647 And then I tick yes/no, yes/no, yes/no 00:29:58.647 --> 00:30:02.647 And for the fifth, I have very few "yes" 00:30:02.647 --> 00:30:04.747 very very few, there is almost only "no" 00:30:04.747 --> 00:30:07.197 and for European institutions, I only have "no" 00:30:07.197 --> 00:30:08.995 virtually only "no".... 00:30:08.995 --> 00:30:11.115 There is no respect for blank vote... 00:30:11.115 --> 00:30:13.445 There is no referendum of popular initiative 00:30:13.445 --> 00:30:15.445 There is no power division 00:30:15.445 --> 00:30:17.205 There is no... etc, etc... 00:30:17.220 --> 00:30:19.430 Judges are not independant. 00:30:19.430 --> 00:30:21.296 Every single one of these points... 00:30:21.296 --> 00:30:23.646 If you want, when we talk about democracy 00:30:23.646 --> 00:30:25.675 When we talk about democracy... 00:30:25.675 --> 00:30:28.275 When we talk about constitution... 00:30:28.629 --> 00:30:30.539 I do not just say words. 00:30:30.539 --> 00:30:31.869 It's not enough to say: 00:30:31.869 --> 00:30:35.869 " European institutions are the highest standard of democracy". 00:30:35.869 --> 00:30:38.449 I go check inside the European institutions 00:30:38.449 --> 00:30:39.819 to see tangibly 00:30:39.819 --> 00:30:41.459 what is the apparatus 00:30:41.459 --> 00:30:44.362 which allows to say "it is a democracy". 00:30:44.362 --> 00:30:48.482 However, for me, democracy, I don't know for you... 00:30:48.482 --> 00:30:50.962 It's a debate but for me it is "demos kratos." 00:30:50.962 --> 00:30:52.262 The power of the people. 00:30:52.262 --> 00:30:54.222 So, the people should have the power. 00:30:54.223 --> 00:30:56.253 People should exercise the power. 00:30:56.253 --> 00:30:58.278 Democracy : people exercise power. 00:30:58.278 --> 00:31:02.278 And at least, there is none 00:31:02.278 --> 00:31:04.498 on earth, there is none 00:31:04.498 --> 00:31:06.208 very few, maybe... Switzerland 00:31:06.208 --> 00:31:09.068 And still, not even, in Switzerland there are parlementaries 00:31:09.068 --> 00:31:11.468 So there is no country in the world for now 00:31:11.468 --> 00:31:16.368 where the people writes himself directly his laws. 00:31:18.947 --> 00:31:21.767 In most of [political] regimes, 00:31:22.645 --> 00:31:24.385 and we will see it later, 00:31:24.385 --> 00:31:25.565 most regimes 00:31:25.565 --> 00:31:26.955 are not democracies. 00:31:26.959 --> 00:31:28.789 They are representative governments 00:31:28.789 --> 00:31:30.259 And you will see, as we talk about it, 00:31:30.259 --> 00:31:31.879 I will explain the history 00:31:31.879 --> 00:31:32.684 and this is very important 00:31:32.684 --> 00:31:34.894 to understand the regimes we have. 00:31:34.894 --> 00:31:36.464 The story of our regimes. 00:31:36.464 --> 00:31:40.583 What did the people who instituted our regimes want? 00:31:40.583 --> 00:31:42.793 They didn't want to make a democracy, not at all. 00:31:42.793 --> 00:31:44.373 They knew very well what was a democracy. 00:31:44.373 --> 00:31:45.753 They didn't want it at all. 00:31:45.753 --> 00:31:47.363 So it is normal that we are not in democracy. 00:31:47.363 --> 00:31:50.519 It was not wished for at all from the beginning. 00:31:50.519 --> 00:31:55.589 Sieyès, a great thinker of french revolution 00:31:55.589 --> 00:31:58.149 wrote one day: " What is the third estate?" 00:31:58.149 --> 00:32:02.329 One of the notables who followed all the french revolution 00:32:02.329 --> 00:32:05.195 until Thermidor... 00:32:05.551 --> 00:32:09.551 He was someone who didn't want.... it is written black on white! 00:32:09.551 --> 00:32:10.953 "There is no way that..." 00:32:10.953 --> 00:32:12.773 In one of the documents that I'll hand out 00:32:12.773 --> 00:32:14.353 there is the full quote 00:32:14.353 --> 00:32:16.626 "There is no way that France shall become a democracy" 00:32:16.626 --> 00:32:19.486 It is not going to be it, we are not making a democracy 00:32:19.486 --> 00:32:22.002 People is not able to write himself the laws 00:32:22.002 --> 00:32:24.442 People will designate his representatives 00:32:24.442 --> 00:32:27.862 who will write the laws in its stead and that's all! 00:32:28.693 --> 00:32:30.743 Well, this is not a democracy. 00:32:30.743 --> 00:32:33.253 It is something else, it's an artistocracy 00:32:33.253 --> 00:32:35.000 it's the government by the best. 00:32:35.000 --> 00:32:37.550 If we manage to put the best of the best in power 00:32:37.550 --> 00:32:38.560 it's an aristocracy. 00:32:38.560 --> 00:32:40.500 But, if they are not the best of the best, it is going to be an oligarchy. 00:32:40.500 --> 00:32:42.110 But in any way, it is not a democracy! 00:32:42.110 --> 00:32:44.610 And this is really our topic of later on. 00:32:44.610 --> 00:32:46.500 So I close this parenthesis 00:32:46.500 --> 00:32:54.450 to stay in the scheme of the first part of european union 00:32:57.302 --> 00:33:00.922 So, to finish this introduction 00:33:00.922 --> 00:33:04.922 the reflexion on the european institutions in 2005 00:33:04.922 --> 00:33:06.662 led me immediately 00:33:06.662 --> 00:33:08.330 to [write] the first document. 00:33:08.330 --> 00:33:11.130 The one that toured France and also a little around the world. 00:33:11.130 --> 00:33:13.770 I wrote my conclusion: 00:33:13.770 --> 00:33:19.590 "If such bad institutions have been written, 00:33:19.590 --> 00:33:23.327 it is because those who wrote them 00:33:23.327 --> 00:33:25.087 shouldn't have done so. 00:33:25.087 --> 00:33:27.027 It should not have been them writing the constitutions. 00:33:27.027 --> 00:33:29.446 It should not have been them writing the institutions. 00:33:29.446 --> 00:33:31.236 They were judges and jury. 00:33:31.236 --> 00:33:33.056 They were in a situation of conflict of interests. 00:33:33.056 --> 00:33:35.276 They were writing the rules for themselves. 00:33:35.480 --> 00:33:38.560 And there, I am on the "cause of causes". 00:33:38.561 --> 00:33:40.933 I am on the first cause of causes. 00:33:40.933 --> 00:33:43.659 If you let, if we let, the constitutions be written 00:33:43.659 --> 00:33:46.179 by exactly those who should fear them; 00:33:46.196 --> 00:33:49.206 If we let the constitution be written 00:33:49.206 --> 00:33:52.686 by those who should fear constitution; 00:33:54.146 --> 00:33:56.696 It is easy to understand 00:33:56.696 --> 00:34:00.745 these people will not, write rules which will hinder them 00:34:00.745 --> 00:34:03.821 burden them, keep them under control, threaten them 00:34:03.821 --> 00:34:04.931 put them at risk 00:34:04.931 --> 00:34:06.801 make them "accountable for" 00:34:06.802 --> 00:34:08.522 make them responsible of their acts. 00:34:08.522 --> 00:34:10.862 These people... But I am not angry at them 00:34:10.862 --> 00:34:13.312 I don't say they are horrible people. 00:34:13.312 --> 00:34:15.907 This is something important. 00:34:15.907 --> 00:34:21.508 Under the law, a judge has to give justice. 00:34:21.508 --> 00:34:24.520 But, when in a court case, 00:34:24.520 --> 00:34:27.319 he is from the same family of the victim 00:34:27.319 --> 00:34:31.319 or of the detained or the accused, 00:34:31.319 --> 00:34:33.969 he is recused / disqualified. 00:34:33.969 --> 00:34:36.182 And this isn't an issue. 00:34:36.182 --> 00:34:37.192 That's how it is 00:34:37.192 --> 00:34:39.222 in all the countries of the world obviously. 00:34:39.222 --> 00:34:40.852 And everyone understands 00:34:40.852 --> 00:34:43.152 that we are not saying this judge is dishonest. 00:34:43.152 --> 00:34:45.952 Not at all! When we disqualify a judge 00:34:45.952 --> 00:34:47.742 because he is from the same family 00:34:47.742 --> 00:34:50.272 of the victim or the accused, 00:34:50.272 --> 00:34:52.345 it is not because he is dishonest. 00:34:52.345 --> 00:34:55.705 It is because, he cannot, in this very situation, 00:34:55.705 --> 00:34:57.015 he cannot be honest. 00:34:57.015 --> 00:34:59.783 But we don't say this guy there is dishonest, not at all! 00:34:59.783 --> 00:35:01.656 In fact, the judge is disqualified 00:35:01.656 --> 00:35:03.756 and he is not upset about it. 00:35:03.756 --> 00:35:05.499 There is no issue. 00:35:05.499 --> 00:35:07.810 He is in a situation of conflict of interests 00:35:07.810 --> 00:35:09.890 so he cannot judge! 00:35:11.088 --> 00:35:16.048 Well, parliamentaries, ministers, judges, 00:35:16.048 --> 00:35:18.178 all the ones who have a power; 00:35:18.178 --> 00:35:21.408 instituted, established in the institutions 00:35:21.408 --> 00:35:23.478 and even those who haven't got it yet 00:35:23.478 --> 00:35:25.928 this power, but want this power; 00:35:25.928 --> 00:35:27.908 all those who are in political parties; 00:35:27.908 --> 00:35:30.498 all those who are in political parties; 00:35:30.498 --> 00:35:32.548 who are candidates to this power; 00:35:32.550 --> 00:35:34.190 so they look ahead 00:35:34.190 --> 00:35:36.440 they know they will, one day, be in power 00:35:36.440 --> 00:35:39.060 Those people are in a situation... 00:35:39.060 --> 00:35:41.590 I'm absolutly not saying that they are dishonest 00:35:41.590 --> 00:35:44.420 please listen carefully so that there is no misunderstanding. 00:35:44.420 --> 00:35:45.730 As it was for the judge, 00:35:45.730 --> 00:35:47.880 I don't say these people are dishonest, not at all. 00:35:47.880 --> 00:35:49.130 I say these people... 00:35:49.130 --> 00:35:51.560 we need them, we need people who will exercise power 00:35:51.560 --> 00:35:54.250 But they shouldn't write the constitution! 00:35:54.250 --> 00:35:57.790 It is not to them to write the rule they should fear 00:35:57.790 --> 00:36:00.530 and which will stop them from abusing of the power 00:36:00.530 --> 00:36:03.720 and transform themselves from servants to masters 00:36:03.725 --> 00:36:06.245 They cannot write the rule 00:36:06.245 --> 00:36:10.236 which will stop them from becoming our absolute tyrannical masters. 00:36:10.236 --> 00:36:12.406 It needs to be other people. 00:36:12.406 --> 00:36:15.316 Others than people from parties 00:36:15.316 --> 00:36:16.876 and who have the power 00:36:16.876 --> 00:36:18.063 or who want it... 00:36:18.072 --> 00:36:20.952 How will you do to designate them? 00:36:23.577 --> 00:36:24.967 We will talk about it later. 00:36:24.967 --> 00:36:26.357 But I can give you 00:36:26.357 --> 00:36:27.397 a feeling of it 00:36:27.397 --> 00:36:29.107 so that you have the idea in mind. 00:36:29.113 --> 00:36:31.643 It is important that you see where I am going. 00:36:31.643 --> 00:36:33.165 The golden thread. 00:36:33.165 --> 00:36:34.720 My train of thoughts. 00:36:34.720 --> 00:36:37.750 I try to find an honest constituant process 00:36:37.750 --> 00:36:40.450 disinterested, without conflict of interests. 00:36:40.450 --> 00:36:42.810 So for now, today 00:36:42.810 --> 00:36:45.650 I am thinking about sorting the constituant assembly. 00:36:45.650 --> 00:36:46.820 So maybe you'll find 00:36:46.820 --> 00:36:48.530 a better idea, I'm all for it! 00:36:48.536 --> 00:36:51.686 I am not looking into sortition, just because it is sortition. 00:36:51.686 --> 00:36:52.606 I don't care 00:36:52.606 --> 00:36:54.337 If I get a better idea, I'll take that one. 00:36:54.337 --> 00:36:58.558 I am looking for [the good idea], and it seems to me that we should all be looking for it. 00:36:58.558 --> 00:37:00.238 The problem is that 00:37:00.238 --> 00:37:01.428 Noone cares for the moment. 00:37:01.428 --> 00:37:03.228 That is the folly, the cause of causes 00:37:03.228 --> 00:37:05.338 is our carelessness, our ignorance, 00:37:05.338 --> 00:37:07.886 it's the fact that we don't care at all about constitution 00:37:07.886 --> 00:37:10.381 and constituant process we care even less 00:37:10.381 --> 00:37:13.221 In Tunis, in Tunisia today, they are voting 00:37:13.221 --> 00:37:15.891 for a constituant assembly 00:37:15.891 --> 00:37:19.880 Just to smile, I'll play the devils' advocate. 00:37:19.880 --> 00:37:22.260 And if I'm wrong, I'll be the fool. 00:37:22.750 --> 00:37:24.150 I can predicte that 00:37:24.150 --> 00:37:27.590 the constituant which will be elected today 00:37:29.430 --> 00:37:31.850 will not establish a democracy. 00:37:32.500 --> 00:37:34.300 For the same reasons which forbid 00:37:34.300 --> 00:37:38.507 real democracies to become reality. 00:37:39.078 --> 00:37:40.798 Everywhere in the world, 00:37:40.798 --> 00:37:42.971 if you let men in power write themselves 00:37:42.971 --> 00:37:44.741 the rules of their own power: 00:37:44.741 --> 00:37:47.431 they will not write the power to the people. 00:37:47.431 --> 00:37:49.751 And I can't be upset at them. 00:37:49.751 --> 00:37:53.751 It's normal... They won't commit hara-kiri 00:37:53.751 --> 00:37:55.881 They wont... They look ahead 00:37:55.885 --> 00:37:58.215 they have a vision of the greater good. 00:37:58.215 --> 00:38:00.395 It's very well, they are very virtuous. 00:38:00.395 --> 00:38:03.510 But when they are writing the rules: 00:38:03.510 --> 00:38:07.510 "Should we tally and put into force blank votes?" 00:38:07.510 --> 00:38:09.685 The possibility to kick us out 00:38:09.685 --> 00:38:11.645 during an election, for the people to say "no". 00:38:11.645 --> 00:38:13.045 I don't want As, Bs nor Cs 00:38:13.045 --> 00:38:14.095 I want them all to go home. 00:38:14.095 --> 00:38:15.375 "Should we respect the use of the blank vote?" 00:38:15.375 --> 00:38:17.195 "Oh well... no it's not worth the trouble, the blank vote..." 00:38:17.195 --> 00:38:18.525 will say parliamentaries. 00:38:18.525 --> 00:38:20.955 They will say: "No, it's not worth it..." 00:38:20.956 --> 00:38:23.006 No, the blank vote... the blank vote, no... 00:38:23.006 --> 00:38:25.796 no there surely is something more important to do in the constitution 00:38:25.796 --> 00:38:27.694 and they will focus on something else! 00:38:27.694 --> 00:38:29.234 Who wrote the rule stating 00:38:29.234 --> 00:38:31.634 a blank vote is equal to "not voted"? 00:38:31.634 --> 00:38:34.678 It is not simple citizens who wrote that. It's impossible! 00:38:34.678 --> 00:38:36.908 It is not simple citizens who said "Blank votes..." 00:38:36.908 --> 00:38:38.198 Do you know what is the blank vote? 00:38:38.200 --> 00:38:39.990 White vote is a vote of protest. 00:38:40.000 --> 00:38:41.980 A vote which says : "Wait a minute, those there.... 00:38:41.980 --> 00:38:43.190 they are all villains!" 00:38:43.190 --> 00:38:44.500 These are all people who are bad. 00:38:44.500 --> 00:38:46.730 There are all people I have already seen lying to me. 00:38:46.733 --> 00:38:48.923 people who already reneged on their promises. 00:38:48.923 --> 00:38:51.513 Or people who, for this or this reason, no matter.. 00:38:51.513 --> 00:38:52.911 I want noone of them! 00:38:52.911 --> 00:38:54.210 I want them all to go away. 00:38:54.210 --> 00:38:55.380 I would like to put others instead. 00:38:55.380 --> 00:38:56.631 That's the meaning of a blank vote. 00:38:56.631 --> 00:38:57.661 The blank vote is a vote of protest. 00:38:57.674 --> 00:38:59.424 Blank vote is an affirmative vote. 00:38:59.424 --> 00:39:01.324 It is not a vote of carelessness. 00:39:01.324 --> 00:39:03.164 Blank vote is not a mistake at all. 00:39:03.164 --> 00:39:05.950 Blank vote is not an abstention. 00:39:05.950 --> 00:39:09.318 Blank vote is a very engaged vote! 00:39:09.318 --> 00:39:13.448 Which says "I am not happy at all with the candidates you are suggesting" 00:39:13.448 --> 00:39:14.848 I want others! 00:39:14.848 --> 00:39:17.016 Or if you ask me stupid questions 00:39:17.016 --> 00:39:18.896 it's a vote which says " Please ask me other questions, 00:39:18.896 --> 00:39:20.516 this one is stupid!" 00:39:20.516 --> 00:39:23.951 A blank vote is truely very important, 00:39:26.153 --> 00:39:28.263 Well, I won't open this parenthesis. 00:39:28.263 --> 00:39:29.863 I was going to talk to you about ostracism 00:39:29.863 --> 00:39:31.093 which was a way for athenians 00:39:31.093 --> 00:39:32.403 to say "I don't want this one!" 00:39:32.424 --> 00:39:34.944 A way of saying... It looks a little like the white vote 00:39:34.944 --> 00:39:37.214 It was a way, an institution, 00:39:37.214 --> 00:39:39.254 which allowed for people to say 00:39:39.254 --> 00:39:41.784 not only what I want, but also what I don't want. 00:39:41.784 --> 00:39:43.534 I will talk later maybe about it. 00:39:43.534 --> 00:39:45.134 Anyway, what does, 00:39:45.134 --> 00:39:47.934 what leads a constituant 00:39:47.934 --> 00:39:49.784 someone who wrote a constitution 00:39:49.784 --> 00:39:52.274 what leads him not to respect a blank vote 00:39:52.274 --> 00:39:54.794 and mix it with null votes? 00:39:56.434 --> 00:40:00.434 And this, this is just one of the 50 points which build a constitution. 00:40:00.434 --> 00:40:02.664 The respect of the blank vote. 00:40:03.673 --> 00:40:09.033 A parliamentary, a minister will mix a white vote with the nulls. 00:40:09.033 --> 00:40:11.764 He will mix it with the "not voted". 00:40:11.764 --> 00:40:15.764 He will do it because it is in his interest. 00:40:15.764 --> 00:40:18.244 Because there is a personnal interest 00:40:18.248 --> 00:40:20.388 to avoid people from being able to kick him out 00:40:20.388 --> 00:40:21.968 when an election comes around. 00:40:21.968 --> 00:40:25.053 So, there isn't... I am not even upset at him. 00:40:25.053 --> 00:40:30.491 Understand me, he shouldn't be the one writing the constition.