Wednesday, September 22, 2010

Time Machine Kamehasutra

Reminder adopted the law

Le préfet des Pyrénées-Atlantiques a envoyé début septembre à tous les maires du département un rappel à la loi quant au régime d'aides qu'un conseil municipal peut allouer à des écoles privées, notamment du premier degré (en l'espèce les Ikastolak et les Calandretas). C'est la loi as codified in the Code of Education: to make fast, no capital expenditure but the community must bear the operating expenses. In practice, this involves the leasing of public premises at a rent lower than the rental value of new construction or for hosting a private school (first degree): a prohibition.

is the law. What does David Grosclaude then on " Ràdio País ? The warden did not take into account the entry * regional languages in the Constitution.

*: "The regional languages are the patrimony of France. "
- Article 75-1 of the Constitution of October 4, 1958

Grosclaude to seriously say that this changes all the legal problem. Really? First, it is the judge to say what is constitutional and what does not. A mayor has to attack the circular front of the prefect of the TA Pau, we'll see what the judges say with regard to this constitutional argument. One can seriously doubt that a policy statement on regional languages opposes the strict application of the scheme of private schools ... Especially more than one constitutional principles, are the principles of equality before the law and uniqueness of the French people who have served on other occasions to thwart any assertion of "regional language". New section 75-1 does not alter the primacy of the principle of indivisibility. I recalled the decision of the Constitutional Council on the Charter of regional languages:

"It follows from these provisions that the combined Charter
European regional or minority languages, in that it
confers specific rights "groups" speakers of languages
regional or minority languages within the "territories" in
which these languages are spoken, violates the principles of constitutional
indivisibility of the Republic, equality before
law and uniqueness of the French people "

In all cases, the law is the law, it was passed, it was not censored by the CC in its time, unless you ask a QPC on this issue, this is unnecessary. These are just posturing.

Basically, Grosclaude commits political struggle against the prefects. The prefect, however, is that the mouth of the law. The law is our members who vote. He is there to lead the political fight. It is ridiculous to attack the prefect who has no leeway. Worse, if the warden had said nothing, he would subject municipalities to legal uncertainty for a given bit is suing the aid (and here, the municipality can cough up, it can even destroy the frame ). This administered fussy (and unpleasant we hear) could even call into question the responsibility of the government through the figure of the prefect who has not taken action necessary.

In addition, the issue is deeper than that: it touches one of the pillars of France, namely the distrust of private education (although there was attenuation). It is highly regulated. What is therefore Grosclaude in a regional majority led by the PS? He does not know the position of parties in the traditional French Left on these issues? He ignores the Republican orthodoxy? Once again, an officer of Ikastola interviewed on the same radio has shown more political sense, saying "he had always been." On the one hand, people who know that is to lead the fight against some Republican doctrine and is therefore global. Other, policy inconsistency, an inconsistency in the commitment. Obviously he must "infiltrate" the party classic French to change the situation of the debate, but that was a long fight that requires an understanding of legal reasoning and policy of the "enemy".

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