FRANCE NOW
(French news in English)
July 1999, Monthly, Issue No.
27
(Only
highlighted issues available for on-line
consultation)
The
Conseil Constitutionnel judges the European
Charter For Regional Or Minority Languages
On the 7th of May this year, the government
declared its intention to ratify the European
Charter for Regional or Minority Languages
indicating that it agrees to thirty-nine out of
the ninety-eight optional clauses contained in
the third part of the Charter. The clauses
accepted are applied only to the languages that
the government agrees to consider as regional or
minority languages.
Using article 54 of the Constitution, the
President of the Republic decided to consult the
Conseil Constitutionnel (Constitutional Council)
to determine if the ratification of the Charter
has to be preceded by a Constitutional Amendment.
In short, the President wanted to know whether
the Charter contained a clause which went
against the French Constitution. Yes, replied
the Constitutional Council. Since the verdict of
the Constitutional Council created a huge hue
and cry in Brittany and in the Basque country,
it is worthwhile understanding why the
Constitutional Council has found that the
European Charter violates the existing
Constitution.
The
Constitutional Council observed that as far as
the thirty-nine optional engagements of France
were concerned, these are applicable to the
languages that the government declares as
minority or regional languages. The government,
however, also has to agree to the Preamble and
the first two sections. Section I includes
article one to six and Section II contains
article seven. Specifically, the stipulations of
Article seven (see box) are valid for all
minority or territorial languages and not just
those agreed to by the French government. So,
the conformity of this has to be viewed in
relation to all languages. We reproduce the
relevant parts of the articles of the Charter
that the Constitutional Council found violated
the Constitution. We are also reproducing the
two articles of the Constitution which are
relevant.
First, the Constitutional council observed
that article one of the French Constitution is
the uniting principle of the French people. No
segment of it can claim national sovereignty.
This fundamental principal is opposed to the
recognition of collective rights of any group
defined by origin, culture, language or belief.
The requirements of article seven of the Charter
go against the principle of indivisibility
because they require that administrative areas
be territorially defined in a way that does not
disturb the promotion of minority or regional
languages. For this, the Parties shall take into
consideration the needs and wishes expressed by
the groups which use such languages. In short,
the democratic principle of majority decision is
being replaced by minority preferences. This
goes against the principles of indivisibility of
the country, of equality before the law and the
unity of the French people. Second, the Freedom
to communicate one's thoughts freely, included
in the 1789 Declaration of the Rights of Man and
of the Citizens, has to be reconciled with
Article 2 of the Constitution which says that
the language of the Republic is French. This
means that public organisations and public
services have to use French as their language.
The citizens cannot force the administration to
accept another language, nor can they be
constrained to use another language. However,
nothing stops the citizens from using
translations or for teaching or communicating in
another language. In short, public life is in
French, but private life can be in any language.
As opposed to this, the fourth clause of the
Preamble of the Charter recognises that each
person will have the right to use any minority
or regional language in public as well as
private life.
After the decision of the Constitutional
Council declaring that the Constitution would
need to be revised before the ratification of
the Charter, the Prime Minister, Lionel Jospin,
asked the President, Jacques Chirac, to initiate
the revision of the Constitution. Jacques Chirac
refused. In view of the European election
results, where the right-wing voters seem to
have given a major backing to Charles Pasqua's
nationalist stance, it is understandable that
Jacques Chirac is hesitating to weaken the
French language by encouraging the adoption of
the statutes favouring minority languages.
Fiscal
federalism: Taxing mobile interest income
The big problem in taxing interest income from
capital is that capital is now too mobile to be
taxed. The only solution would be a federal
world, where the global government taxes
capital. Or, if all states taxed it at the same
rate.
Within the European Union, this problem has
already confronted the member states. Most of
them have socialist governments and find it
difficult to accept that as states open their
borders within a federation, taxing capital and
skilled labour becomes harder. Increasingly,
taxes have to be levied on property income and
unskilled labour who find it difficult to move (especially
in a Europe with language barriers).
There are three options open to taxing
capital. The simplest is that the tax is
centralised and handed over to the European
government to implement. This would eliminate
any competition amongst member-states. The
problem of capital fleeing outside the European
Union would remain. The major opposition to this
fiscal simplicity is that the Europeans are not
politically ready to let EU have tax sovereignty.
The second option would be that all the
nations levy the same rate of taxation. This
would also eliminate competition for capital
amongst member-states. The problem of capital
fleeing outside the European Union would remain.
The major opposition to this measure is that the
governments of different countries have
different political ideologies reflecting their
different cultures. They do not believe in the
same mix of tax instruments. Some are opposed to
taxing capital. Others would like to tax it
strongly.
The third option is a system of information
and controls by which bankers of all the
member-countries are required to inform the
governments of every country of cross-border
capital interest income of their residents. This
option preserves the fiscal paradise status of
Luxembourg and allows capital to remain within
the EU. Simultaneously, it allows overseas
investors the security that their governments
would not be given this information. So,
investment inflow is safeguarded. However,
strict intra-EU control and information laws may
incite EU residents to prefer foreign tax havens
to intra-EU ones. A major problem is that the
monitoring of extensive control and information
systems may be as expensive as the tax revenue
from this source, especially in an age of
Internet and high-velocity real-time outflows
and inflows of capital. The other problem is
that countries asking for too much information
from investors may discourage many investors
from placing their capital in that country.
In view of all this, the EU is proposing that
every member country levy a minimum tax on
interest income from capital. Beyond this
threshold level, each member-State would be free
to charge whatever rate it wants. The question
is what should be the minimum tax at source that
bankers are asked to retain on interest paid.
The French Senate has proposed that the minimum
threshold be less than 20%.
The
dividing line between the legislator and the
executive
Articles 34,
37 and 38 of the French Constitution
In the division of powers between the legislator
and the executive, the Parliament passes laws
and the executive passes ordinances, decrees and
orders to enable it to execute its political
program. What is the dividing line between the
domain of law and that of decrees and ordinances?
In France, this dividing line is determined by
the Constitution, notably by Articles 34, 37 and
38.
Article 34 of the French Constitution
stipulates that the law is voted by the
Parliament. The law fixes the rules governing a
host of matters contained in this article (for
example, the creation of new orders of
jurisdiction, the creation of categories of
public establishments, etc.). The law also fixes
the fundamental principles of some specified
matters (for example, for the free
administration of the localities, their
competence and their resources). The finance
bill fixes the receipts and expenditure of the
State. The bill for financing Social Security
determines the general conditions for balancing
its budget. Program laws determine the
objectives of the economic and social action of
the State.
Article 35 states that the declaration of war
is authorised by the Parliament. Article 36
stipulates that the state of siege is decreed by
the Council of Ministers.
Article 37 states that matters which are not
in the domain of law are of a regulatory nature.
Legislative texts in such matters (i.e., not
specified in art 37) can be modified by decrees,
after taking advice from the State Council (Conseil
d'Etat). But new legislative texts (after
1958) on regulatory matters can be modified by
decree only if the Constitutional Council has
declared that they are of a regulatory nature.
Article 38 says that in order to execute its
program the government can ask Parliament's
permission to pass temporary ordinances to take
action in domains normally reserved for law
(Article 34). Such ordinances are passed by the
Council of Ministers after taking the advice of
the State Council. They cease to be valid if the
bill is not deposed before the Parliament in the
time detailed in its authorisation. After the
specified time, the ordinances can be modified
only by Parliamentary law.
In a federation like India, there are
similarities and differences in regard to the
separation of powers between the executive and
the legislator. There, the Parliament makes laws
on all matters within the Union or concurrent
lists (see the Seventh Schedule). The Union
executive can pass orders in the name of the
President (article 77) on all matters which are
in the competence of Parliament (article 73)
except if the State Parliament has power to
legislate. The President can pass temporary
ordinances during recess of Parliament (article
123). Parallel provisions exist for the States
and their legislatures, executives and governors
for matters specified in the State List.
In the American Constitution, Article I,
Section I specifies that all legislative powers
are vested in the Congress, but the executive
(the President) can pass executive orders and
proclamations. The Constitution itself does not
provide any guidelines as to the dividing line
between legislation and executive orders, nor is
case law on the subject very detailed.
The
ASSEDIC and the ANPE
When someone becomes unemployed owing to no
fault of his own, he gets an unemployment dole
from the ASSEDIC*. He has to telephone this
agency, the day after the formalities for
termination of the employment have been
completed by his employer. If someone transfers
his residence to another city, he has seven days
to register with the local ASSEDIC in the new
city without losing his rights.
The ASSEDIC is the agency dealing with the
unemployment dole. For any request for doles, it
has to inform the applicant one way or the
other. It has to provide reasons for refusal. If
it accepts the request, the applicant still has
to fulfil certain conditions. One of these is
that the applicant must have worked for at least
four months in a specified period. Another is
that the unemployed person register himself as a
person seeking employment with the ANPE*. He has
to actively seek a job and keep a dossier of his
research... the ASSEDIC will investigate every
four months. Another condition is that every
month one fills up one's declaration of
unemployment, unless one is over 57 and a half
years of age. If one is late in filing his
declaration (after the 10th), the dole may be
interrupted. The declaration can be filled in by
post, telephone or by Minitel. The ASSEDIC also
has to be informed, within 72 hours, of all
changes in one's situation: work, illness,
address, civil status, training programs, etc.
During illness, one does not get the
unemployment dole... one gets the appropriate
medical benefits. Any absence for more than 7
consecutive days has also to be intimated. Such
absences are allowed within an annual limit of
35 days. Normally, the unemployment dole is
available only to people under the age of 60.
But some people who have not worked the required
time to get the full rate of pension (most
educated people) can opt for the unemployment
dole till the age of 65. People who are
seasonally unemployed get a different kind of
dole. If one resigns, or if there is a
negotiated termination, the ASSEDIC can refuse
the dossier. But, even for voluntary quitting
the job, the dole can be given after four
months, if one can prove that he has seriously
been looking for a job.
The dole is a daily allowance. It varies with
the number of days in a month (28, 29, 30 or
31). To determine the daily unemployment dole,
the base is the gross salary including the
bonuses subjected to social security
contributions. But final indemnities linked to
unpaid leave and to termination of contract are
not included in the base. The gross allowance is
about 57.4% of the daily gross salary for those
earning more than FF 10,722 per month. On this
allowance, the State levies 8.46% for CSG*, RDS*
and complementary retirement benefits. The
percentage is marginally higher for people
earning less than FF 10,722 but there is a
minimum allowance of FF 148.13 per day. The
initial period of the dole varies with the
length of the service.
After the initial period of getting the full
dole, the dole reduces every six months by 15%
or 17%. The total length of the reduced dole
also depends on the time one has already worked.
It can vary from 4 months to 30 months.
The dole itself starts eight days after one
has last worked. This period without dole gets
extended if the employer pays any compensation
for unavailed leave and if he gives any
indemnity for the rupture of the contract beyond
what is legally required.
The ASSEDIC also looks after training
allowances which are provided to those who
decide to go in for some training or education
to provide them more qualifications. The
training allowance is the same amount as the
current dole, and does not reduce during the
training. However, once the training is over,
the person's income falls to the level it would
have attained if one had not gone on training.
On specific request, the ASSEDIC may even
finance the cost of the training.
After registering with the ASSEDIC, within
two weeks one goes to the ANPE for the first
interview in the search for employment. This
first interview is obligatory. The purpose is to
establish the professional profile for the
computer database as well as the needs of the
unemployed person in finding a job, including
any training.
The consultants at the ANPE try to help you
decide the most appropriate way for the
unemployed person to find a job. They also help
you with your CV as well as prepare you for
interviews. The ANPE has employment offers which
can be consulted in each agency, on the MINITEL,
or in their publications. The ANPE has also a
lot of information on the enterprises as well as
the employment situation in each field.
There is also help available to inform the
person of the different techniques of job
research, of evaluation on one's professional
competences, or elaborating a professional
project. Free equipment is provided by the ANPE:
Minitel, telephone and photocopying. The ANPE
also helps you identify if you need
supplementary training in any field. During this
training, the ASSEDIC may stop your unemployment
dole and give you a training allowance. But any
such training projects have to be determined
within six months after the start of the
unemployment dole, even if they start later.
A point worth noting is that many family
welfare allowances are linked to one's income.
When someone becomes unemployed, his income
falls, because the dole is much less than the
income. He may therefore become eligible for
some family welfare allowances for which he was
hitherto earning too much. So don't forget to go
to the CAF*.
Advantages of being unemployed include not
having to pay social security charges on the new
activity. The ANPE also provides cheques for six
hours financial advice from consultants
specialised in the creation of enterprises.
One may also get the unemployment dole and
work, as long as one does not exceed 136 hours
per month and does not earn more than 70% of the
reference salary used by the ASSEDIC in
calculating the unemployment dole. The gross
salary plus the paid leave are divided by the
old reference base. The dole comes down
proportionately (in number of days). The rights
to the dole are not lost if one works: they are
just postponed. It is advisable to stay
registered during the trial period: otherwise
the initial period of eight days after being
registered are lost.
ASSEDIC : Association pour l'emploi dans
l'industrie et le commerece
ANPE : Agence Nationale pour l'emploi
CSG : Contribution Sociale Généralisée
RDS: Remboursement de la Dette Sociale
CAF: Caisse d'Allocations Familiales
The
war against Termites
Now that money has been made in the fight
against asbestos, now that the Serbs have
proclaimed their victory in an unequal battle,
now that money has to be spent in some new
direction, to create a multiplier effect, what
could be better than declaring a full-fledged
onslaught on termites. No, it is not an
emergency proclamation by the President. It is a
much thought over, much discussed, plan of
action. They even voted for this war in
Parliament and passed a law on it on the 8th of
June.
The full force of the French government and
the public powers is now being waged against
termites and other xylophagic insects. The Greek
Xylon means wood, as in xylophone, a
wooden musical instrument. Xylophagic insects
attack wood, not man. But since the French use
wood in their housing structures, especially for
fashionable visible beams, an attack on wood
becomes an attack on French property. And this
in turn is an issue for governments to deal
with. So the first article of the law reminds us
that the fight is necessary to protect our
buildings.
Under this law, the occupants, the owners and
the syndicates of co-owners have all been turned
into sentries who have to signal to the Mairie
the presence of any termites. Sentries failing
in their duty to alarm the Mayor can be fined (a
decree will specify the amount of the fine). The
Mayor calls on the Prefect who is to immediately
send commandos to the invaded zone and destroy
the enemy by fire, or at least treat occupied
wood temporarily before removing it for burning
is a safer place. Any commandos who fail to do
their duty would be fined.
Besides the system of constant alert against
a rather invisible enemy, the Mayor can also ask
owners of property to investigate and take
preventive or eradicative action in sensitive
zones. If the owner does not do so, the Mayor
can himself send investigative teams at the
expense of the owner.
Under French law, if a property has hidden
defects (vice caché) which the seller
does not know about, then the buyer cannot claim
damages. The immunity for hidden defects also
applies to property eaten up by termites. But if
the property is situated in a sensitive area
believed to be susceptible to the presence of
termites, the immunity applied to such hidden
defects no longer applies to property damaged by
termites unless the "parasitical
state" of the apartment is attached as an
Annex to the original Act of sale. People are
being encouraged to spend money for an expert to
conduct an examination, when the property has a
chance of being damaged.
Expenses incurred for preventing and fighting
against termites and other xylophagic insects
are eligible for a tax deduction under the
General Taxation Code. The deduction is limited
to 20% of the expenses incurred and is included
in the general deduction for major repairs and
improvements.
Soleil
d'Or and Bharat Natyam
Little ethnic groups trying to integrate into
France. An association named Groupe de Réflexion
Franco-Indien, started in 1990. Today, it
sends out sixty circulars announcing an
intellectual event. Thirty people, at least,
show up. All it asks its floating members to
provide is pre-stamped self-addressed envelops.
How long can intellectual curiosity and
co-ordination last without some monetary goal,
without some recognition? "As long as we
want to learn" says Lalita Badrinath. Along
with her husband and a few others, she has
organised intellectual conferences every month
for nearly a decade. The speakers are often
Indian, sometimes French, even other Europeans.
The disciplines vary from the history of Physics
in the Vedas to Communication to dance forms.
Last month, Sivaselvi Sarkar provided an
introduction to Bharat Natyam, a classical dance
form from Tamil Nadu. She is well-equipped to do
so. Along with her husband, she runs the Soleil
d'Or, a non-profit association for yoga and
Indian culture. This includes Indian singing,
massage, relaxation, gymnastics and dance. She
explained Bharat Natyam, while Sylvie, of Indian
origin, demonstrated the poses, and vice versa.
Bharat Natyam, one of the oldest Indian
Classical Dance, was performed by Devadasis in
the Temples, primarily in Tamil Nadu. Then, the
Devadasis, servants of the gods, became
Rajadasis, or servants of the kings, and
eventually prostitutes. Dance as an institution
started declining and well-to-do families stayed
away. The resurgence of Bharat Natyam probably
started towards the end of the Nineteenth
century. Bharat Natyam is composed from 'bha'
for bhava or emotional projection, 'ra' for raga
or melody and 'ta' for tala or rhythm. Natyam
means the art of dance.
The presentation started with the alphabets
of the dance, moved into words and phrases, and
slowly, evolved into little stories. Mudra,
single handed gestures, were followed by Samyuta
Hasta, double handed gestures. Then, Bhava, the
spirit of expression, was explained, followed by
the nine principal emotions and their
permutations and combinations. Expressing these
could be done physically, by literary or musical
means, by the costumes and the decor and, above
all, by the emotions. The dance, itself, is a
series of gestures which explain the sequence of
actions and emotions.
All these gestures and actions were codified
by Bharat Muni, 3000 years ago, in the Natya
Shastra, although modern interpreters do permit
themselves a certain amount of interpretative
variations. The variations are rarely
spontaneous on-stage: they are conceived and
practised before-hand. Compare these with the
Therbligs of Frank and Lilianne Gilbreth (of the
"Cheaper by the Dozen" fame): the
basic actions used in time and motion studies,
codified in the beginning of this century.
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