French model in English

LIBERATION OF ALL PEOPLES

MILAN SENTENCE

            The assembly of French people who formed themselves into a “Public Prosecutor’s Office”, gathered in Italy, in Milan, to take stock of the French and world situation, inspired by the humanist concepts of its forefathers who were the authors of Human Rights, determined the source of the problems and found their solution, which France now offers to all peoples.

 

PRELIMINARY

            To the observation that the majority of the peoples of the planet suffer their government as a “higher authority”, whereas by nature it is only a small emanation of this people;

 

FRANCE RECALLS:

1) That logic DEMANDS that a representation of the people be naturally and perpetually subject to its authority.

2) That democracy DEMANDS that the people should have a means of permanent control over the activities of the government.

3) That the UN recognizes “the right of peoples to self-determination”, hence the Sovereignty allowing the creation of a “National Council of Transition” that can at any time replace the government, and that of a “Supreme Court” hierarchically located above the State, therefore the government and all institutions.

 

FRANCE RECOMMENDS :

1) The creation of a “People’s Supreme Court”.

2) That this court should see the national army under its authority, and that it should have a tool for direct communication with the public.

3) That it be placed hierarchically above the State, i.e. the government and all institutions.

4) That it has “Legitimate Courts” replacing the Courts of Appeal in all courts.

5) That these Legitimate Courts have the right to judge and sanction magistrates.

 

 

LIMINARY

Creation of the legal concept of PEOPLE’S RIGHTS and Proposal for an action offering a transition to a new model for the management of human societies

The definitions used here for the words, “PEOPLE” – “STATE” – “NATION”

            The word “PEOPLE” characterizes a group of human beings sharing a common language, culture and historical heritage, capable of constituting a state, in order to ensure its own durability and its international representation in the concert of nations.

            The word “STATE” characterizes the structural body ensuring the management of public goods and services and the representation of the Nation, commonly called “Government”.

            The word “NATION” characterizes a singular entity formed by the inseparable whole of the sovereign people and the State, which is the direct emanation of its will to organize and act.

 

PREAMBLE

            Contrary to the logic and the official texts presented, governments consider themselves “above” the people who appoint them to manage the Nation, and often even “above” the laws they impose on their people.

            However, the State, being the organ of management emanating from the will of the people, must, by definition, be perpetually subject to the sovereignty of the people.

Only an inappropriate form of governance can lead to a reversal of roles.

            The sovereignty of the people has been recognized as the basis of human civilization since the Human Rights established at the end of the eighteenth century, and reaffirmed by the 193 signatory countries of the United Nations which stipulate in the pacts 1 and 2 that “peoples have the right to self-determination”. These provisions are reinforced in positive international law by several resolutions of the United Nations General Assembly.

 

RIGHT OF PEOPLES

            The state being an emanation of the people, it is naturally the people, by the greatest number of its individuals, who must therefore write all the rules of institution and functioning that form the Constitution, or the constitutional block, that is to say the form of governance and the rules of management.

            When this natural, inalienable and imprescriptible principle is not respected, the sovereignty of the people is flouted and individual rights are in danger of being violated.

            When the Sovereignty of the people is violated, the government is no more than a small group of individuals seeking to impose its law on the people as a whole.

            Since the Nation is then devoid of a legitimate government, the people must establish a report on the situation by an assembly of volunteers who form a Public Prosecutor’s Office, create a “National Council of Transition”, then establish a “Supreme Court of the People” to ensure PERPETULELY the Sovereignty of the People, the only foundation of a true democracy according to its definition.

 

THE NATIONAL TRANSITION COUNCIL

            The “National Transitional Council” is the body that the people can set up if they consider that the current system of governance is what led to the loss of the rule of law.

            This Council must then put in place the structure that will enable the people as a whole to rewrite a constitution that no longer allows violations, and temporarily manage the affairs of the Nation according to a pre-defined programme.

            To be valid, this Council must comply with a certain number of rules *.

 

THE SUPREME COURT

            The consequence of the “Right of peoples to self-determination” recognized by the United Nations, and therefore to exercise their sovereignty, obliges the creation of a higher authority of justice to guarantee the independence of the judiciary and to ensure that the State functions in accordance with the laws of the people, because the independence of the judiciary is the indispensable condition for the respect of human rights, the only bulwark to guarantee the full respect of individual rights, as notified by the Universal Declaration of Human Rights.

            Until the establishment of a new mode of governance or a National Transitional Council, this Supreme Court thus becomes the only legitimate body that can legally represent the people before national and international bodies.

            The only permanent guarantee of an infallible fairness is only ensured on the condition that the judicial system remains permanently under the high and unique authority of the Sovereign People, that is why the “Supreme Court of the People” must be made up of a few permanent members from the different professional corporations, in charge of the organization, but it is indispensable that it be simple persons drawn by lot among the population, who judge and pronounce sentences in complete independence. Each case to be dealt with by this Supreme Court will require a new drawing of lots.

            These persons will be sufficient in number to represent a diverse sample of the population and, always in numbers at least seven times greater than the number of permanent staff.

            This Supreme People’s Court, situated hierarchically above all the institutions, is the permanent guarantor of the rule of law, and therefore naturally becomes the superior authority of the national army to which it will appeal for the execution of its decisions.

            It follows that the people will have a higher organ of justice that will constantly monitor the legitimacy of the State’s actions and be ready to sanction any attempt at deviation.

            This organ, a “Supreme People’s Court” hierarchically placed above the “Council of State” and the “Constitutional Council”, will be accessible throughout the territory, replacing the Courts of Appeal with “Legitimate Courts” composed exclusively of persons drawn by lot from among those who are not in public office.

            Thus, any person seeing his or her just right threatened will have a real legal recourse everywhere and at any time, protected by a People’s Procurator. Today’s courts have prosecutors to defend the interests of politicians and those who finance them; it is only fair that the people should also have prosecutors who look after their interests and work for the common good.

            This Supreme Court representing the authority of the people over the State must itself have recourse to an “International Supreme Court” devoted to the “right of peoples”, and in particular to the “right of peoples to self-determination”, the foundation of the United Nations Organization expressed in Covenants 1 and 2, reinforced in positive law by several resolutions of the United Nations General Assembly.

            Any people unable to obtain justice through its national institutions will be able to declare itself under the status of a “Conseil National de Transition”, to be qualified in law, in order to apply to this International Court according to the standards of the United Nations, thus of the 193 Nations, whose whose peoples could find themselves at some point in their history in a situation of oppression similar to that of present-day’s France.

            Any country with a “Supreme Court of the People” will have established in perpetuity a democracy based on the Common Good of the Nation and on “Human Rights”.

            Each person approving the creation of a “Supreme Court of the People” guaranteeing its Sovereignty over a State that is only its emanation, can show his or her approval by signing the referendum, the link of which is shown in the description of this video, as the French model can be adapted to any country.

Your decision is “WILL OF THE PEOPLE”, in accordance with the “Right of Peoples” stipulated by the United Nations of which this country is one of the signatories.

 

            This petition will lead to a new meeting of a people’s assembly to decide on the modalities concerning the structure and powers of this “Supreme Court of the People”, as well as its international response under the aegis of the UN, which, under the same conditions, will be the permanent recourse for all the peoples of the planet.

            In each country, the resolutions issued by the people following the motivations exposed, will have to be executed by the military corps dedicated to this purpose.

            The translations and annexes to this text are available in the written version at www.conseilnational.fr.

            The official text concerning France, which may serve as a model, is also available on the same site, in the language of this announcement.