The explanatory memorandum to the “bill confirming respect for the principles of the Republic” is very clear.
On the target, "
a communitarian entryism, essentially of Islamist inspiration, a conscious, theorized, politico-religious political project, the ambition of which is to make religious norms prevail over common law
", creating
"the breeding ground
" attacks by a "
separatist dynamic which aims at division
" by "
a work of undermining in the districts, the public services and in particular the school, the associative fabric, the structures of exercise of the worship
".
And on the observation: "
the Republic does not have enough means to act against those who want to destabilize it
" and "
faced with radical Islamism, faced with all separatism, our legal arsenal is insufficient
”.
Detailed review of a text wishing to strengthen this arsenal.
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Defend neutrality and secularism in public services and associations
Ten articles are devoted to it.
They ensure (article 1) neutrality and secularism in organizations governed by private or public law, and among their staff, responsible for carrying out a public service (SNCF Réseau, local social security funds, local missions for the professional and social integration of young people, public transport, etc.) and reinforces controls.
Article 2 provides for an express procedure if a prefect attacks the decision of a local authority "seriously undermining the principle of neutrality of the public service" and article 3 aims to register accused persons in the file of perpetrators of terrorist offenses. or condemned for provocation or condoning acts of terrorism.
Seven articles focus on associations.
They condition (article 6) the subsidies to the respect of a republican contract of engagement, the respect being one of the conditions to be approved (article 7).
Article 8 allows in particular to dissolve “de facto associations and groups” because of the action of their members or the inaction of their leaders.
And articles 9 to 12 apply to dubious associations in the portfolio (transparency of sponsorship, tax audits, suspension of tax benefits, etc.).
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Better protect victims
If the genesis of the bill is well before October 16, the beheading of Samuel Paty by an Islamist terrorist reminded us that separatism can kill, injure, bruise, harass or humiliate.
Ten articles aim to better protect civil servants, Muslims and targets of cyberbullying.
Protection of civil servants first with an article creating in particular a criminal offense for threats, violence or intimidation against public service agents exercised against them in order to evade the rules of public service.
The text does not forget the societal issues for Muslims themselves with an emphasis on equality in inheritance (article 13), on the refusal, in the event of polygamy, of all residence permits, without distinction of nature or category (Article 14), and limitation of the benefit of survivors' pensions (Article 15).
Finally, it is forbidden (article 16) for all health professionals to draw up certificates attesting to a person's virginity, and article 17 reinforces the system against forced marriages and in particular the denunciation by the officer civil status in case of doubt.
Finally, articles 18, 19 and 20 target hate speech and illegal content online.
This creates an offense of endangering the life of others through the disclosure of personal information, with aggravated penalties if the victim is the custodian of public authority or charged with a public service mission.
The blocking or delisting of websites will be made easier and legal proceedings accelerated.
Youth at the heart of the struggle
Five articles (21 to 25) are devoted to school and sport.
As regards education, they provide that home schooling is only authorized for reasons based on the child's situation, defined by law and after authorization from the academic services.
A regime of administrative closure of private educational establishments outside contract and illegally opened establishments is created and, for the signing of a simple contract or of association with the State, a private establishment will have to demonstrate that it can exempt, according to the nature of the contract, education in accordance with or by reference to public education programs.
For sport, the system of supervision over all sports federations recognized by the State is replaced by a control system.
Impose transparency on religious associations
Seven articles reform associative law in the religious field, six of which encourage cults, and particularly Islam, to carry out a translation of their associations from the law of 1901 to 1905. 92% of Muslim associations are registered under the law of 1901 , yet less advantageous in terms of fiscal and financial assistance.
This often makes it possible to conceal, behind various social objects, religious activities which are sometimes not compatible with republican principles.
Article 26 prevents any dangerous takeover of these associations by radical third parties or imposing themselves against "
the will of the members of the association
".
This anti-putsch system is followed by article 27 which obliges all religious associations to register with the prefect.
Enough to ensure that "
no reason of public order is an obstacle
" to the declaration of these associations as religious, that is to say empowered to organize worship.
Conversely, "
in the event of non-compliance with the rules of constitution and operation which are imposed on it or for a reason of public order derived from its actions
", the administration will be equally empowered to put an end to advantages, in particular tax, conferred by the status of religious association, details the explanatory memorandum.
At the same time, article 28 of the law grants these associations greater financial autonomy.
They are allowed to own real estate and to derive income from it that can be used to finance religious activities.
Article 30 clarifies the statute of mixed associations, in other words having in part a cultural aspect for which they will have to declare and financial transparency, in order to avoid hidden foreign funding, and to respect the obligations which are imposed on religious associations.
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Trace funding for worship
Because this is indeed one of the nerves of the war of the entire legislative system of this project: being able to trace the foreign funding of cults and thus stem the ideological hold that certain countries can exercise in France through donations.
Articles 33 to 36 organize this financial transparency.
The first sets the obligation to publish annual accounts and the possibility for the prefect to access the accounts and the statement of assets of religious associations, as soon as they benefit from resources from abroad, from 'a certain donation threshold which will be set by decree.
In the event of default, this offense will be aligned with that in particular of public limited companies and "
their accounting obligations relating to the collection of subsidies and donations
", underlines the explanatory memorandum to the law.
What also give the judicial judge an on-call capacity in terms of compliance with accounting obligations.
In addition, article 35 organizes the transparency of donations "
by foreign States, foreign legal persons or non-resident natural persons
", indicates the text, from a certain amount which will be fixed by decree but which cannot be less than 10,000 euros.
At the same time, the law provides that the administrative authority can oppose these donations.
Tighten the cult font
Eight articles make it possible to strengthen the penal apparatus when offenses are committed in connection with cults.
This ranges from worsening the penalties already provided for by law to greater flexibility left to the administrative authority to close places of worship or associations in order to prevent terrorist acts.
Thus, article 39 provides that all the offenses provided for in article 24 of the press law of July 29, 1881 such as, in particular, incitement to commit serious offenses, incitement to discrimination, hatred and violence, when they are committed in a place of worship or its surroundings will see the associated penalty increased.
Article 44 provides for the possibility of temporarily closing these places of worship.
The legislator also prohibits any political or electoral activity not only inside places of worship but also around them.
Articles 42 and 43 prohibit anyone convicted of "inciting acts of terrorism or inciting discrimination, hatred or violence" from "
appearing in places of worship
", and therefore preaching or demonstrating there. teach there.
Another novelty: it is “
forbidden for any person who has been convicted of an act of terrorism to lead or administer a religious association for a period of ten years
”.