Indeed, both chambers have the "legislature." They are the place where "it makes the laws" and the first instinct would be welcome to see the lights bring their professional skills . Indeed the combination of new talents with those uninitiated into the mysteries law can not, in principle, benefit the establishment of laws to govern a society serene, calm, fair.
But there are limits to this idyllic hope. They may reside in a number of principles and situations. Lawyers and judges belong to the "judiciary" which is said to be "the first separately ...". Moreover one can not fail to recall a basic principle of French law, namely, that "no person shall, at the same time be judge and party." (*)
To take the example of the few lawyers, numbering nearly sixty among the 70 parliamentarians belonging to the world of justice, whether it would not exist a link between the growing attraction of male dress to the "parliamentary courtroom" and the rise of permanent "Politico - financial "and" white collar crime? "
This thought could be only black, the color of their dress, which we know can recall, at the same time it is the symbol of elegance, modernity in fashion and generally, authority, dignity, power .
... ... also that of the threat. And in this case, the threat to one of the pillars of democracy ... Justice.
ago, for sure, some contradiction or inconsistency for "lawyers-parliamentarians" to pass laws as they may be led, to defend defendants falling within the scope of these ...? While their mandate leads them to vote for "amnesty laws" outrageous, unethical for the benefit of colleagues involved in "political and financial affairs" and they allow to sit, sometimes white as dirty money, their sides and vote in new laws?
also "the concept of conflict of interest is recorded in the whole Gospel saying" No man can serve two masters at once. She is at the heart of the ethics of the professions and most especially that of lawyer. (**)
But by passing laws, too numerous and sometimes draconian, the "Parliamentary Advocates" do they not participate, more precisely to "legislative inflation" and "de facto" argue that they individually or in firms involved in the prosecution of our Company, in the more complex for the citizens: that is, to enrich their "own market potential?"
A thorough reform is needed in this area. As the UMP (***) proposed in 2007 to require members to choose between "being elected or official" this reform should be debated and ask the same question "to be a lawyer - or elected (by the profession policy)? "That will not happen, of course, no problem. I want provided, remain optimistic.
This despite what the report says the Central Service of Prevention of Corruption (SCPC) of the Ministry of Justice on the reform, also urgently awaited, public funding of political parties, namely: "The difficulty of reforming the system due to the fact that the political class in this case is both judge and party" ...
In this case it is also a conflict of interest ... personnel moral order. So conscience ... Republican?
Saint-Brieuc 23 August 2010
(*) The Masters of Parliament http://blanccestexprime.olympe-network.com / articles.php? lng = en & pg = 404
(**) Source Conference of Bar Presidents: http://www.annoncesdelaseine.fr/index.php/2010/05/14 / the-conflict-d'interets /
(***) Proposal Bill 1143 of Franck Gilard 7 October 2008.
NDLA- Section 115 of the 1991 decree raises a principle incompatibility of the legal profession with any other profession subject to laws and regulations.
Gerard GAUTIER
Former Regional Advisor Britain
President association
BP 330 22003 Saint - Brieuc cedex 1 Phone! 02.96.33.50.34
SITE: www.blanccestexprime.asso.fr
EMAIL: blanccestexprime@wanadoo.fr
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