Author Archives: Tony Marguery

Tony Marguery

About Tony Marguery

Tony Marguery studied law at the University of Aix en Provence. He worked until 2001 as a lawyer in France. In 2002, he studied European Law at the University of Groningen. This study was followed at the same University by a PhD research. In 2008, he defended his thesis: "Unity and diversity of the public prosecution services in Europe. A study of the Czech, Dutch, French and Polish systems ". This study discusses the organization and functions of this institution. Since 2007, Tony works as assistant professor of European Law at the University of Utrecht. His domain of expertise extends to all areas of European Law and in particular to European criminal law and Fudamental Rights.

Liberté, Liberté chérie… where things can go wrong. The French reaction to the terrorists attack in Paris

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Photo by: Fugitron (CC BY-SA)

Following the Paris attacks of November 2015, president Hollande declared a state of emergency in France for twelve days. It was extended for three months until the 26th of February 2016 by the law no 2015-1501 of 20 November 2015 which, with no surprise, was adopted almost unanimously (only 12 negative votes and one abstention). According to the law no 55-385 of 3 April 1955 the state of emergency can be declared where there is an imminent danger to the public order, or in relation to events which amount, by their nature and severity, to a public disaster. It is clear that this exceptional regime was declared in order to specifically address the terrorist attacks by religious fundamentalists. As in many other Union member states, France witnesses a growing concern for internal security. However, this concern may stifle the equally important concern for justice and freedom that characterizes any state based on the rule of law. It further poses the question of the actual efficiency of legislation on security in the fight against terrorists. Continue reading