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4/6.Chouard.Metz.oct2011-L’UE=DES LOIS SANS PARLEMENT

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    Which means our representatives
    do not have power
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    and those who have the power
    of the european institution
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    are not elected
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    and this is planned in part I.
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    It seems to me that this,
    deserved a debate.
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    The fact that there wasn’t led me to think
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    that the European institutions
    are illegitimate.
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    So, in the points I want to
    talk to you about,
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    because I know you will
    not hear about this otherwise
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    if I don’t talk about it,
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    there is what I call :
    « laws without parliament ».
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    It the point E in the middle of the page
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    « the ministers and presidents accumulate
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    executive and legislative powers
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    which means they are legislators
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    -the ministers – are at the same time
    legislators and executives.
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    On a serie of areas hidden from people,
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    and I can prove that it is
    hidden from people.
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    I mean, the articles I will show you,
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    you will see how it is hard to realise
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    that these are topics on which
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    the European MPS – people you elected-
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    are left out in purpose.
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    Not clearly left out,
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    they are left out in purpose
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    and I would like to get
    your attention on this.
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    So I read this with you
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    in order to make sure
    I don’t forget a thing.
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    So « the ministers and presidents
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    accumulate powers on a serie of
    areas hidden from people
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    under the abusive name of
    – take note of the name –
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    “specific legislative procedure”
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    and it is the article 289 of TFUE.
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    It is in the middle of page 4.
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    You see, there is the article 289
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    and, I have highlighted here,
    I have underlined the definition.
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    The 1/ It’s the ordinary
    legislative procedure
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    which consists in the adoption of
    a rule, a directive, a decision
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    by the European parliament
    together with the council.
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    This is the ordinary procedure.
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    It is not the parliament
    which makes the laws,
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    it is not the people you vote for
    which make the laws.
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    It is : the people you vote for
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    with the council of the ministers,
    as co-legislators,
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    which means the ministers
    who decided to be co-legislators.
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    They decided to be co-legislators
    beside your MPs.
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    And NEVER, really NEVER,
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    Iin not one rule,
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    at least I didn’t find any,
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    in no rule, in no area
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    the parliament can’t write the laws alone,
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    without having
    a sort of « tutor » behind him
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    which is the council of the ministers.
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    First thing… but it’s not all of it!
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    So, the parliament, you know that already-
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    We talked a lot about it in 2005,
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    the European parliament
    does not have the initiative of laws.
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    Which means it is not it which decides.
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    It cannot decide on topics
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    on which it wants to legislate.
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    Which means it can only vote
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    for topics which are presented to it.
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    This is VERY important,
    absolutely IMPORTANT!
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    The one who has the initiative,
    has a big part of the power.
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    The one who doesn't want a law
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    and who has the power of initiative,
    will not suggest this
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    and this law he doesn’t want,
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    he will get rid of it that way.
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    It is very important, the initiative!
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    For a sovreign parliament,
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    for a parliament worthy of the name,
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    it is very important –
    it would be very important -
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    to have the initiative of laws.
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    You know that, in France,
    the initiative is shared.
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    Most of the laws in France,
    come from the Government
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    It is called the “projects of law”
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    whether, when it comes from an MP,
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    it is called a « proposition of law ».
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    But at least, the MPs have
    a little initiative.
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    In the european institutions,
    they don’t have it AT ALL.
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    So, it is in the article 2 that we find
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    the beginning to understand
    what is this thing.
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    « In the specific cases,
    foreseen by the treaties
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    The adoption of a rule, a directive,
    or a decision
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    So it is the three possible levels
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    of the law in Europe
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    by the european parliament
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    with the participation of the council,
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    by it, with the participation
    of the parliament
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    which means that one of the two.
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    You understand they are 2 co-legislators
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    and the specific legislative procedures
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    say : following these articles
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    sometimes it will be the one
    and not the other
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    and sometimes it will be the other
    and not the one.
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    So sometimes, it will be the council of
    the ministers which decides
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    only with the opinion of the Parliament
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    and sometimes it will be the parliament
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    with only the opinion of
    the council of the ministers.
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    Here is what we’re told!
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    and it will be called :
    « the specific legislative procedures ».
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    Although, there is no, there is no list
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    of the topics on which it is
    to the council to decide
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    with only the parliament’s advise
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    the advise… and even if he disagrees
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    it can be done without him
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    because it is only an advise
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    and then, the list of topics on which
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    the parliament can decide
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    and only with
    the council of minister’s advise.
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    There is no list!
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    I wonder :
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    « Why is there no list ? »
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    because, we have to go and look for it..
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    So I, I did this job,
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    ae did this job, we searched
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    a list of … well, you have to look
    into hundreds of articles
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    sometimes you find an article and
    you think
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    "Here, I found a specific legislative
    procedure"
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    and a specific legislative procedure
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    all the one I could find, they are ALL...
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    It is areas on which
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    the ministers council can decide
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    with the opinion of the Parliament
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    and I found no specific
    legislative procedure
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    where the parliament decides
    with the council’s advise
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    and, I will give you an example,
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    in order for you to understand
    how this system works,
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    which are the topics,
    a kind of topic on which
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    we have a specific legislative procedure.
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    So, I gave you several.
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    You can see one just below:
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    the article 153 – here is an example –
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    yes, I put it between brackets,
    in the middle of the page
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    just beneath what I read to you
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    inside the brackets : it’s me who talks
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    as an exemple of non legislative act,
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    see the security policy
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    in the box on the side,
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    for the foreign affairs, it’s incredible.
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    Everything is happening
    without the Parliament,
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    the Parliament can’t say a thing.
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    But well, I’ll take another topic
    which is more social
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    which concerns us as employee
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    in order to understand
    the specific legislative procedures
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    which we should call instead,
    laws without parliament.
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    It is the name I give those
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    because it is clearer,
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    it would be clearer
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    as “laws without Parliament”.
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    We have to read one by one,
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    hundreds of the treaty’s articles.
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    The fact of refusing to present a list
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    of these laws without Parliament is
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    in itself, suspect,
    why hide this reserved areas?
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    So here is an example of
    an ordinary legislative procedure
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    and of a specific legislative procedure
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    regarding social politic.
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    The areas of codecisions
    between parliament and ministers
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    are underligned in grey
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    and the areas where
    the executive legislate alone
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    are underlined in black.
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    So, you see the article 153 TFUE
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    which means you have
    already read 152 articles.
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    You are looking for
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    the specific legislative procedures
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    and you arrive to the article 153
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    where you find :
    “in order to realise the objectives
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    indicated on article 151.
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    The union supports and completes blabla
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    in the following areas
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    and there, for now, we don’t see,
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    we don’t see yet why it is
    a law without parliament.
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    You will see that in this other article,
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    which you will realise
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    and you will see the serie of areas,
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    so, you have:
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    a/ the improvement to the individuals
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    b/ the work conditions
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    so all the laws on social security

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    the social protection of the workers

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    all the laws on the protection of worker
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    in case of resignation
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    all the laws on…

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    and you have a list like this
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    Well, you see that the union supports
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    and completes the States actions
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    but here you can’t see yet
    that it was – we can’t see that–
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    this is a specific legislative procedure.
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    So, wait, at what moment can we see it…
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    So I keep going

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    for this purpose, the Parliament
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    I am at the end of this page 4

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    2/ For this purpose, the parliament
    and the council
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    can adopt measures
    which aim to encourage (a/)
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    b/ can stop in the areas
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    indicated in paragraph 1. a/ to i/
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    by directive ways, minimal prescriptions
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    applicable progressively
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    taking in consideration the conditions
    of the technical rules
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    priorily existing
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    these directives avoid the obligation
    of administrative restrictions
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    and you see that in the areas
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    -third paragraph of page 5-
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    In the areas aimed at by paragraph
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    .c, d, f and g of the present article
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    The council can decide in accordance with
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    a specific legislative procedure,
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    unanimously after consulting
    the European Parliament,
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    the said committees...
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    Wait! I don’t know if you see the clutter,
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    in which we have to –
    and the constant concentration it needs-
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    to see that : “hey!”
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    - and here I have underligned in black –
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    There are the areas indicated
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    in the paragraph blablabla
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    so we need to go backward
    and find it highlighted in black,
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    the areas we are talking about,
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    these areas there,
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    the council decides… And this means
    without the Parliament
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    and here you have a legislative procedure
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    where the council decides on
    a simple advise of the Parliament.
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    Here, we have on points c/ d/ f/ and g/,
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    we have laws without Parliament.
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    So, what are these point there?
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    Maybe it’s unimportant points…
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    Maybe it’s points where
    it is not really important
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    that our representatives discuss them
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    and are able to – publically – debate
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    of the discussions of
    the European union on the topic.
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    Are they topic that do not count ?
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    The social security,
    the social protection of the workers,
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    the protection of the workers
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    in case of termination
    of the work contract.
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    Why MPs have no decision power on this?
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    Why ministers have to decide about that?
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    Maybe I am wrong…
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    I repeat, I am very « open » on this,
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    I just say we didn’t get
    a debate on this topic.
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    We don’t manage to get a debate on this
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    and what I read, I find…
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    I don’t like it.
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    I don’t understand at all.
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    I try to put myself in their shoes,
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    I don’t understand why.
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    Why have we put in place
    specific legislative procedures
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    where the ministres,
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    it’s the MINISTERS who decide
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    and not my parliament.
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    Participant : Wait… Where do
    these ministers come from ?
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    They are not elected,
    how did they become ministers
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    who took the decision
    to put them as ministers?
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    Etienne : This depends on the governments.
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    It depends on the countries.
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    In some countries they are taken,
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    in England, they are chosen
    amongst the MPs
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    but in France maybe…
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    How is he called the one who is candidate?
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    It can be people
    who have never been elected.
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    It depends, it depends on the countries,
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    it depends on the circumstances
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    but it is not always elected people
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    and it is not people who are
    accountable in front of a parliament.
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    Participant : In the specific topic
    of social security
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    It will be minister of every country?
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    Etienne : Yes
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    Participant: one for each country ?
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    The decision will be taken unanimously?
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    Etienne: Yes
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    Yes it says unanimously here.
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    At the minister's unanimity.
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    Of every country ?
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    Yes, that’s it, without Parliament !
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    Well, with the advise of the parliaments.
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    … "After consulting"...
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    Participant : In France, the ministers
    are not elected.
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    Etienne : Yes but wait, in France,
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    the laws are voted by the Parliament
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    but you are right to highlight
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    that the worm was already in the fruit.
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    We already have laws
    without Parliament in France.
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    Yes all the regulatory power:
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    decrees, orders, …
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    There is already a lot of rules
    in the constitution
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    of the 5th Republic.
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    That would make Montesquieu
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    spin in his grave !
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    Which are the most total confusion
    of powers
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    and in fact all the regressions
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    of the last 20 years of labour law,
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    they happen very much
    by the regulatory power,
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    which means without the parliament.
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    It is the regulatory power
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    which is for me, an aberration.
    The regulatory power...
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    There shouldn’t even be
    a regulatory power.
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    We need to find something
    which allows to decide
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    in all details, the application of laws.
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    I understand this,
    I understand the purpose
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    I understand the aim, the justification.
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    You see, in France, in law,
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    you have the law which indicates
    the general rules
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    and then the argument,
    is that we cannot ask
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    to the parliament,
    which is an assembly which discuss,
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    we cannot ask them to foresee
    to all the little details,
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    the application of laws.
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    It is the official explanation
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    but it is a lie…
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    Because it is all more serious
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    what we do with the rules.
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    This is the official explanation
    of regulatory power,
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    of the power that we give –
    which should be only the executive –
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    and which makes it the government.
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    We give him a power
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    of production of mandatory standards,
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    with no limitation of time
    and so serious and dangerous,
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    as dangerous as laws.
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    We give to the government
    a power so powerful
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    that the Parliament,
    with much less guarantees
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    that the public discussion
    there is in the Parliament
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    with the possibility to put up, to discuss
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    with the assembly
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    a complete public debate.
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    When it is the government which decides
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    throught the regulatory power,
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    it is a lot more obscure.
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    There is a lot less counter powers,
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    a lot less possible resistance.
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    It is fertile ground
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    to infinite power abuse
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    with the regulatory power
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    but I am not saying
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    that we are going from the paradise
    of French institutions
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    to the hell of European institutions.
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    I know that there is already,
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    that the situation is already
    very serious,
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    in the 5th republic institutions
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    very unknown, unknown.
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    I studied a lot of constitutional law
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    and when I read manuals of
    constitutional law,
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    I don’t see this revolt
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    against regulatory power for example.
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    The regulatory power
    in the consitutional law
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    is presented like :
    « Well, that’s how it is…,
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    That’s how it is, and
    it is how it is since a while,
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    since 1958, and we get used to it…
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    And then, there were reasons,
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    here is what was invoked,
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    and then we switch to another topic
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    because a constitutional law’s manual
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    is very thick,
    there are a lot of things to read.
  • 13:52 - 13:55
    I think it is against the common good
  • 13:55 - 13:56
    to give to the government
  • 13:56 - 13:58
    a regulatory power so powerful.
  • 13:58 - 14:00
    I remind you that in
    the institutions of 58,
  • 14:00 - 14:02
    it’s incredible! The power of the law,
  • 14:02 - 14:04
    the areas of the laws are listed,
  • 14:04 - 14:06
    there is a list of what the law can do.
  • 14:06 - 14:08
    So if it is listed, it is limited
  • 14:08 - 14:11
    and the regulatory power,
    it is all the rest.
  • 14:14 - 14:15
    One can clearly see
  • 14:15 - 14:17
    that it is De Gaulle
    who wrote the rules.
  • 14:19 - 14:22
    Participant : Excuse me,
    I would like to ask a question,
  • 14:22 - 14:23
    perhaps more subversive.
  • 14:23 - 14:25
    If you have a car breakdown,
  • 14:25 - 14:27
    you don’t start voting
  • 14:27 - 14:29
    to decide what to do.
  • 14:29 - 14:31
    You know an expert, a garage

  • 14:31 - 14:32
    who fixes your car.
  • 14:34 - 14:37
    I have the feeling that we await
    from a constitution of laws
  • 14:37 - 14:39
    to solve problems,
  • 14:39 - 14:42
    to avoid people acting wrong,
  • 14:42 - 14:43
    as 2000 years ago or more,
  • 14:43 - 14:46
    we believed in spirits or religion.
  • 14:46 - 14:48
    In the end, you don’t believe that
  • 14:48 - 14:51
    it is the human behaviour the issue?
  • 14:51 - 14:53
    Do we need laws
  • 14:53 - 14:55
    to solve humans problems?
  • 14:55 - 14:56
    That’s what I am asking…
  • 14:56 - 14:58
    Do we really need representatives?
  • 14:58 - 15:00
    Etienne : Ah, it is not the same!
  • 15:00 - 15:03
    Participant : I talk about laws,
    representatives, all that.
  • 15:03 - 15:06
    It is an absolute mess
    which hides completely
  • 15:06 - 15:08
    our incompetence to manage problems.
  • 15:08 - 15:11
    Etienne : So I point out –
    I did not bring that book-
  • 15:11 - 15:14
    but I recommend it very warmly,
  • 15:14 - 15:17
    maybe I should think of taking it
    with me all the time.
  • 15:17 - 15:19
    There is, on the competency of people
  • 15:19 - 15:20
    on the competency of humans
  • 15:20 - 15:24
    and the alleged, perhaps real
  • 15:24 - 15:26
    incompetency of the people
  • 15:26 - 15:28
    to decide about its own business.
  • 15:28 - 15:30
    There was a very interesting controversy
  • 15:30 - 15:33
    in the middle of the twentieth century,
    between a guy
  • 15:33 - 15:36
    who was called Lippman,
    who was a journalist
  • 15:36 - 15:39
    at the international level, a big name
  • 15:39 - 15:41
    a brilliant brain which discussed
  • 15:41 - 15:42
    with all the greats of this world
  • 15:42 - 15:44
    who was a hardened liberal
  • 15:44 - 15:45
    who had a book called
  • 15:45 - 15:47
    “The phantom public”,
  • 15:47 - 15:50
    which has been recently republished,
    which is a wonder.
  • 15:50 - 15:52
    Very smart, quite depressing,
  • 15:52 - 15:55
    which pretends we are not able,
  • 15:55 - 15:57
    that no one is able
  • 15:57 - 16:02
    to have an informed opinion on matters,
  • 16:02 - 16:05
    given the complexity of human problems.
  • 16:06 - 16:08
    So it is important what he says
  • 16:08 - 16:09
    and he shows it
  • 16:09 - 16:12
    and it’s true that it is very well argued
  • 16:12 - 16:15
    and we feel, we feel that
    he is entirely right,
  • 16:15 - 16:17
    but what said Lippman,
  • 16:17 - 16:19
    he didn’t only say that
    people are unable,
  • 16:19 - 16:21
    he said that the governers TOO are unable.
  • 16:21 - 16:24
    That no one, on his opinion
    is able to have…
  • 16:25 - 16:28
    To pretend taking the good decision
  • 16:28 - 16:31
    and the interpreters,
    the people who followed Lippman,
  • 16:31 - 16:33
    they forgot that Lippman had said
  • 16:33 - 16:35
    that not only the people was unable
  • 16:35 - 16:38
    but also the princes and governers.
  • 16:38 - 16:40
    Machiavel said that, Machiavel said also
  • 16:40 - 16:44
    that the people was
    as virtuous as the princes,
  • 16:44 - 16:47
    that the princes were not
    more virtuous than the people,
  • 16:47 - 16:49
    that the princes were not at all
  • 16:49 - 16:51
    more able to take decisions
  • 16:51 - 16:52
    than the people.
  • 16:52 - 16:53
    We find, in Machiavel,
  • 16:53 - 16:55
    much more than his caricature.
  • 16:55 - 16:58
    I recommend really to read Machiavel.
  • 16:58 - 16:59
    It’s a lot more interesting
  • 16:59 - 17:01
    than the caricature
    we make of him usually.
  • 17:01 - 17:05
    He was also looking for the common good,
    it is very surprising.
  • 17:05 - 17:08
    So of course, there are features
    specific to the time
  • 17:08 - 17:09
    which seem very brutal
  • 17:09 - 17:12
    but it’s much more nuanced
  • 17:12 - 17:14
    than the caricature often made.
  • 17:14 - 17:16
    But, to come back to what you were saying,
  • 17:17 - 17:19
    so Lippmann has written this book
  • 17:19 - 17:20
    “the phantom public”
  • 17:20 - 17:22
    defending the idea that we are not able,
  • 17:22 - 17:24
    and it’s totally linked to my topic,
  • 17:24 - 17:27
    I open the bracket because it is
    completely linked to this thinking on
  • 17:27 - 17:28
    if we organize a democracy,
  • 17:28 - 17:31
    are we able to take decisions
    by ourselves?
  • 17:31 - 17:32
    On our problems, on what concerns us.
  • 17:32 - 17:34
    So Lippmann pretended that no
  • 17:34 - 17:37
    and he pretended that
    our representatives couldn’t neither.
  • 17:37 - 17:42
    A great thinker who was called
    Dewey (John)
  • 17:44 - 17:46
    who was a mathematician, a logician
  • 17:47 - 17:49
    and who was a survey theorist
  • 17:49 - 17:53
    who has worked a lot on the improvement
    of people competence
  • 17:54 - 17:56
    from the survey method,
  • 17:56 - 17:59
    a little like Socrates led us to
  • 17:59 - 18:01
    progress by the thinking about ourselves,
  • 18:02 - 18:07
    Dewey was confident in the survey virtues
  • 18:08 - 18:11
    in a working method,
    he was a mathematician, a logician,
  • 18:11 - 18:14
    to improve our competency
  • 18:14 - 18:15
    and I think…
  • 18:15 - 18:18
    So the controversy between Lippman
    and Dewey is brilliant,
  • 18:18 - 18:22
    absolutely exciting for us to understand,
  • 18:22 - 18:24
    furthermore in a very
    comprensible language,
  • 18:24 - 18:27
    it is not complicated words,
  • 18:28 - 18:31
    these people there discuss about
    the greater good in concrete terms.
  • 18:31 - 18:36
    Lippmann says : “ Humans are
    not able to take decisions”.
  • 18:36 - 18:38
    So he tends ultimately
  • 18:38 - 18:40
    to justify a tyranny,
  • 18:40 - 18:42
    an enlighted despot who will be better
  • 18:42 - 18:46
    and then Dewey says :
    “Not at all, if one has the means
  • 18:46 - 18:49
    to institutionalize the conditions
    of a real survey,
  • 18:49 - 18:51
    honest and complete,
  • 18:51 - 18:53
    we will raise the level of people
  • 18:53 - 18:54
    which will allow for them to take
  • 18:54 - 18:56
    not so bad decisions.
  • 19:00 - 19:02
    In addition to this controversy,
  • 19:02 - 19:04
    with both these points of view,
  • 19:04 - 19:05
    I would like to highlight that
  • 19:05 - 19:09
    in drawn assemblies
  • 19:09 - 19:14
    and we have hundreds of examples
    of drawn assemblies,
  • 19:14 - 19:15
    in the history of men,
  • 19:15 - 19:19
    the draw is not at all a newness,
  • 19:19 - 19:21
    we test the draw since a while,
  • 19:21 - 19:23
    I will talk about
    the Athenian time later on
  • 19:24 - 19:26
    but today in the modern time,
  • 19:26 - 19:28
    there is a lot of assemblies,
    citizen juries,
  • 19:28 - 19:31
    deliverative polls,..
  • 19:31 - 19:33
    Any kind of assemblies
  • 19:33 - 19:35
    composed of ordinary people
  • 19:35 - 19:37
    to judge of technical topics
  • 19:37 - 19:42
    existed, and are an observation field.
  • 19:42 - 19:44
    An observatory which allows for knowing
  • 19:44 - 19:46
    and so there is a book
    which makes the summary,
  • 19:46 - 19:48
    a modern anthology called
  • 19:48 - 19:49
    « The power to the people »
  • 19:49 - 19:51
    from Yves Sintomer.
  • 19:51 - 19:53
    This book here I recommend it to you.
  • 19:53 - 19:55
    It is a book which concerns the citizen
  • 19:55 - 19:56
    because it is the history…
  • 19:56 - 19:58
    First, there is a good part
  • 19:58 - 20:00
    of how the Athenians
    were drawn in Athenes,
  • 20:00 - 20:02
    so the procedure they were using.
  • 20:02 - 20:04
    Because every morning they drew
  • 20:04 - 20:05
    and so he explains how it worked.
  • 20:05 - 20:06
    The draw every morning
  • 20:06 - 20:08
    is very interesting!
  • 20:10 - 20:11
    The athenian example, you will see
  • 20:11 - 20:13
    I am enthusiastic about this.
  • 20:13 - 20:16
    So Sintomer explains
    in a part of his book,
  • 20:16 - 20:19
    a little quarter, he explains very well
    the procedure.
  • 20:19 - 20:22
    But he also explains the experiences
  • 20:22 - 20:25
    of citizen juries, of deliberative polls,
  • 20:25 - 20:27
    in which we study
    the competency of people,
  • 20:27 - 20:29
    we study the decisions they take
  • 20:29 - 20:31
    and in the end we realise
  • 20:31 - 20:33
    that far from being the incompetents
    we were promised,
  • 20:33 - 20:37
    far from being the drunken moron
    who understand nothing about nothing,
  • 20:37 - 20:39
    who take care only of
    their personal interest,
  • 20:39 - 20:43
    instead of taking care… and who are unable
    to take care of the general interest.
  • 20:43 - 20:44
    It is not AT ALL what we see,
  • 20:44 - 20:46
    what we see when we put people together,
  • 20:46 - 20:49
    to take care of, to talk
    about the greater good,
  • 20:49 - 20:49
    people CHANGE
  • 20:49 - 20:52
    when we give them … Care here…
  • 20:52 - 20:54
    When we give them the power
  • 20:54 - 20:56
    of CHANGING things.
  • 20:56 - 20:57
    If you take the piss …
  • 20:57 - 20:58
    If you laugh at them…
  • 20:58 - 20:59
    –no bad words-
  • 20:59 - 21:00
    If you laugh at them
  • 21:00 - 21:03
    and that you give them only
    an advisory power
  • 21:03 - 21:05
    which means you let them work
  • 21:05 - 21:07
    and then it’s other people who
    will decide,
  • 21:07 - 21:09
    for sure you will not get the effort.
  • 21:09 - 21:11
    You can't catch flies with vinegar.
  • 21:11 - 21:15
    You will not get from them the investment,
  • 21:15 - 21:19
    the efforts, the personal implication
  • 21:19 - 21:20
    which will change them
  • 21:20 - 21:22
    because you didn’t trust them.
  • 21:22 - 21:24
    I am a teacher.
  • 21:24 - 21:26
    I often talk about it in my conferences
  • 21:26 - 21:29
    because this is really
    what makes me believe.
  • 21:29 - 21:31
    I know because I experience it.
  • 21:31 - 21:34
    That when I trust someone,
  • 21:34 - 21:37
    he changes! In a good way
  • 21:37 - 21:40
    and in the opposite, when I don’t,
  • 21:40 - 21:42
    if I don't, he changes, in a bad way!
  • 21:42 - 21:44
    And people are not black or white,
  • 21:44 - 21:45
    they are not always the same,
  • 21:45 - 21:47
    it depends on the circumstances.
  • 21:47 - 21:50
    There are institutions which
    push people in the good way
  • 21:50 - 21:52
    and institutions which push
    people in the wrong way.
  • 21:52 - 21:53
    What I pretend is that
  • 21:53 - 21:55
    our institutions are closed
  • 21:55 - 21:56
    and they deter us from doing politics.
  • 21:56 - 21:59
    They deter us from making efforts
    for the greater good
  • 21:59 - 22:01
    and that is why we look like
    passive citizen
  • 22:01 - 22:04
    who don’t care about anything;
    who are individualists
  • 22:04 - 22:06
    It’s multifactorial,
    that’s not the whole of it.
  • 22:06 - 22:08
    But I think the role of
    closed institutions
  • 22:08 - 22:10
    is important
  • 22:10 - 22:12
    in this situation of passive citizen.
  • 22:12 - 22:15
    I know it is not a panacea
    what I'm talking about
  • 22:15 - 22:17
    but I think more open institutions would
  • 22:18 - 22:20
    let people discuss on sorted assembly
  • 22:22 - 22:25
    or partially drawn if that scares you.
  • 22:25 - 22:27
    We'll talk about it in a minute.
  • 22:27 - 22:30
    Institutions which would allow people
  • 22:30 - 22:32
    to discuss and DECIDE.
  • 22:32 - 22:34
    Really decide
  • 22:34 - 22:36
    and therefore take the risk of being wrong
  • 22:36 - 22:37
    with the possibility
  • 22:37 - 22:39
    when we realized they made a mistake
  • 22:39 - 22:41
    of changing decision to modify.
  • 22:41 - 22:43
    So, it's Institutional Assessment -
  • 22:43 - 22:45
    which allows for decisions assessment

  • 22:45 - 22:46
    and change.
  • 22:46 - 22:48
    These institutions there
    if they were open ,
  • 22:48 - 22:50
    they'd transform us, I claim it.
  • 22:50 - 22:50
    Voilà, I ...
  • 22:50 - 22:54
    and the institutions,…
    the experiments of draw
  • 22:54 - 22:56
    that I observe in Sintomer's book
  • 22:56 - 22:57
    I found them exciting
  • 22:57 - 22:59
    because they point in the same direction,
  • 22:59 - 23:02
    they show that,
    when a meeting of Malians ,
  • 23:02 - 23:04
    so in Mali get together to ...
  • 23:04 - 23:07
    they are drawn to talk about … anyone ,
  • 23:07 - 23:09
    There is a little of everything in there,
  • 23:09 - 23:11
    there is a lot of farmers because
    they have a lot of farmers
  • 23:11 - 23:13
    but there is not only farmers
  • 23:13 - 23:16
    there is people of all socio-professional
    categories.
  • 23:16 - 23:18
    and when these people get together
    to talk about GMOs ,
  • 23:18 - 23:20
    they know nothing about GMOs
  • 23:20 - 23:21
    and they are given credits
  • 23:21 - 23:23
    and for months they work on the topic
  • 23:23 - 23:25
    they bring in experts from
    all around the world
  • 23:25 - 23:26
    They have credits for that
  • 23:26 - 23:28
    They listen to the experts
  • 23:28 - 23:30
    then they bring in experts
    with opposite opinions
  • 23:30 - 23:31
    in order to hear ...
  • 23:31 - 23:32
    to hear all sides of the story.
  • 23:32 - 23:34
    They hear them publicly,
  • 23:34 - 23:37
    all of it is broadcasted on the radio,
    on TV, on the internet.
  • 23:37 - 23:39
    People can attend
    these deliberations ,
  • 23:39 - 23:41
    they can intervene and ask questions ,
  • 23:41 - 23:44
    they can say - you forgot to ask
    this question
  • 23:44 - 23:46
    well the question is asked
    to Monsanto when it comes
  • 23:46 - 23:48
    to explain why it wants GMOs
  • 23:48 - 23:51
    then we will listen to the people
    of the peasant confederation
  • 23:51 - 23:52
    to know why they don't want GMOs,
  • 23:52 - 23:55
    then they listen to the peasants of
    Latin America
  • 23:55 - 23:56
    Who are using GMOs and tell them
  • 23:56 - 23:58
    "why did you decide to use GMOs?
  • 23:58 - 23:59
    Are you happy about it? "
  • 23:59 - 24:01
    and we hear all this, and after months,
  • 24:01 - 24:03
    people who knew nothing become competent.
  • 24:03 - 24:06
    Here. And that's exciting!
  • 24:06 - 24:09
    that's to say that practical experiments
    confirm
  • 24:10 - 24:12
    what I tell you theoretically :
  • 24:14 - 24:16
    humans are political animals
  • 24:16 - 24:17
    but not at any price,
  • 24:17 - 24:21
    If there is no stake, we do nothing
  • 24:21 - 24:23
    because we have no reason to do so
  • 24:23 - 24:25
    but if there is a stake and that
  • 24:25 - 24:28
    if one tries hard, he can change things,
    then we do it
  • 24:28 - 24:32
    You have seen in 2005, we were told that
    we wouldn't discuss the institutions ,
  • 24:32 - 24:35
    that the constitution was a dusty text,
    annoying ,
  • 24:35 - 24:37
    which pisses off everybody,
    and noone would even care
  • 24:37 - 24:40
    that it wasn't worth bothering
    with a referendum taratata...
  • 24:40 - 24:42
    There was a referendum,
  • 24:42 - 24:44
    we felt we could say yes, no;
    there was a stake,
  • 24:44 - 24:47
    we started talking,
    we were said we could change
  • 24:47 - 24:48
    but look how much we talked.
  • 24:48 - 24:50
    It could have been better,
    it was not long enough ,
  • 24:50 - 24:53
    we have not spoken of Part I as
    we should have, in my opinion.
  • 24:53 - 24:55
    We should have been 80%, 90% to say no
  • 24:55 - 24:58
    but because we have not had
    the needed debate.
  • 24:58 - 25:01
    I think there are many people, friends ,
  • 25:01 - 25:03
    with whom I discussed at length,
  • 25:03 - 25:08
    Who have voted yes because we did not
    have time to discuss as we should have,
  • 25:08 - 25:09
    I think it is…
  • 25:10 - 25:13
    look how it changed us.
  • 25:15 - 25:19
    So,about competence, I think we need laws
  • 25:19 - 25:23
    I think when there is no law, it is
    the law of the strongest that prevails
  • 25:23 - 25:25
    and it seems to me less fun
  • 25:25 - 25:27
    The law of the strongest is everywhere .
  • 25:27 - 25:33
    Our regime ruled by law is,
    in the nature, quite exceptional ,
  • 25:33 - 25:38
    it is only human which makes prevail,
    which imagine and enforce the rule of law.
  • 25:38 - 25:40
    and I think it's far from perfect
  • 25:40 - 25:43
    and we'll see why when we'll speak of
    the representative government
  • 25:43 - 25:45
    which is not democracy.
  • 25:46 - 25:48
    But still, it seems to me that
    we have a tool
  • 25:48 - 25:51
    Which should help protecting us
  • 25:51 - 25:55
    Pacify us, give us a less painful life

  • 25:55 - 25:58
    But do we really need representatives ?
  • 26:00 - 26:02
    This really deserves a discussion.
  • 26:02 - 26:04
    Representatives as we have today
  • 26:04 - 26:08
    these representatives to whom,
    every 5 years ,
  • 26:08 - 26:11
    we give all powers without being able
    to choose them
  • 26:11 - 26:13
    Because the choice is a false choice,
  • 26:13 - 26:16
    people I vote for, I have not chosen
    them at all.
  • 26:16 - 26:18
    I chose between people I have not chosen
  • 26:21 - 26:24
    This example, is an academic example of
    a false choice
  • 26:24 - 26:26
    The examples presented to us
    during elections
  • 26:26 - 26:30
    are not real choices, it's not me
    who has chosen these candidates
  • 26:30 - 26:32
    So, you give all the powers,
  • 26:32 - 26:35
    because that is exactly what is it,
    I give absolutely all powers
  • 26:35 - 26:37
    to people I did not choose,
  • 26:37 - 26:39
    and then without being able,
    during the mandate
  • 26:39 - 26:43
    without having the slightest possibility
    of revoking ,
  • 26:43 - 26:47
    Or put into question, or even
    challenge their laws ,
  • 26:47 - 26:49
    without having any mean of ...
  • 26:49 - 26:52
    It doesn't seem at all, at all,
    at all desirable to me.
  • 26:52 - 26:54
    But this, it is not at all democracy ,
  • 26:54 - 26:58
    they call it democracy because
    they know that we want democracy.
  • 26:58 - 27:00
    and because they have understood,
    and this is fabulous ,
  • 27:00 - 27:03
    that's really smart to play with words
    like that.
  • 27:03 - 27:06
    By calling a regime that is the absolute
    antithesis of democracy ,
  • 27:06 - 27:09
    which is the opposite ...
    when you choose your masters ,
  • 27:09 - 27:11
    people who will choose everything
    for you ,
  • 27:11 - 27:14
    it means that mechanically, it is not you
    who decide
  • 27:14 - 27:15
    so this is not democracy
  • 27:15 - 27:18
    If it is not you who decide, it means
    that we are not in a democracy.
  • 27:18 - 27:22
    The democracy, I'm sorry,
    it's a matter of definition.
  • 27:22 - 27:25
    Well, we can discuss this if you want
    because everything can be discussed
  • 27:25 - 27:31
    but a democracy worthy of the name is not
    what the current system is.
  • 27:31 - 27:33
    The current regime is the opposite:
    it is a regime ... ,
  • 27:33 - 27:37
    perhaps defensible but it should not
    be called democracy
  • 27:37 - 27:42
    and when it's called democracy,
    we get intellectually stucked,
  • 27:42 - 27:46
    consciously or not, I don't care but
    we find ourselves bogged down
  • 27:46 - 27:49
    in a situation in which,
    we call a situation
  • 27:49 - 27:52
    which is problematic
    with the name of its solution.
  • 27:54 - 27:56
    So we don't manage to formulate
    the solution.
  • 27:56 - 27:58
    We can not say "I want democracy"
  • 27:58 - 28:00
    because we're told
    "but you already have it"
  • 28:00 - 28:02
    "but gnagnagna you play with words"
  • 28:02 - 28:04
    We have to stop using the word
    "democracy"
  • 28:04 - 28:06
    when talking about the current regime.
  • 28:06 - 28:08
    The system we live in is not at all
  • 28:08 - 28:10
    and was never intended as a democracy.
  • 28:10 - 28:14
    It is allegedly democratic since
    the early 19th century
  • 28:14 - 28:17
    but it was not thought of, to start with,
    as a democracy ,
  • 28:17 - 28:21
    it was thought as an elective aristocracy
    where the best ones are designated ,
  • 28:21 - 28:24
    where people refers to those
    who will decide in their behalf
  • 28:24 - 28:26
    and the designers of the current regime,
  • 28:26 - 28:29
    which is to be called
    representative government ,
  • 28:29 - 28:32
    knew it very well ...
    they did it knowingly ,
  • 28:32 - 28:36
    it is not by chance, they knew very well
    they were not instituting a democracy.
  • 28:36 - 28:38
    They wanted it not to be a democracy ,
  • 28:39 - 28:41
    They knew democracy, they knew what it is
  • 28:41 - 28:43
    and they did not want it.
  • 28:43 - 28:45
    and today we call this regime a democracy.
  • 28:49 - 28:52
    When we will talk in a minute
    about what characterizes a democracy
  • 28:52 - 28:55
    and which allowed for the Athenians
    to make
  • 28:55 - 28:57
    a democracy worthy of the name work
  • 28:57 - 28:58
    during two hundred years
  • 28:58 - 29:01
    and what it had of extraordinarily
    attractive for today ,
  • 29:01 - 29:03
    you will see that the workings
    of a democracy ,
  • 29:03 - 29:06
    have absolutely nothing to do
    with what we are living today.
  • 29:06 - 29:09
    So I think I answered the bracket
    for a little too long ... but hey
  • 29:09 - 29:12
    Presenter: Etienne,
    I will suggest a short break ,
  • 29:12 - 29:14
    we said we would make a break at 7:30
  • 29:14 - 29:16
    we passed the time quite a bit.
    For those who want ,
  • 29:16 - 29:19
    there is something to eat, sandwiches ,
  • 29:19 - 29:22
    beers, juice, water, etc. next door.
  • 29:22 - 29:25
    and we come back at,
    let's say, at ten to, a quarter to ten
  • 29:25 - 29:28
    Etienne: you 're not getting bored yet?
  • 29:28 - 29:36
    (Laughter) (din)
Title:
4/6.Chouard.Metz.oct2011-L’UE=DES LOIS SANS PARLEMENT
Description:

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Video Language:
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