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requisition - French army

Réseau InternationalRequisitions: In what direction do these texts really go?

International Network - March 13, 2024

New articles of the Defense Code resulting from the Military Programming Law of August 2023.

   

As a foreigner, subject of His British Majesty, Mendelssohn does not have the keys to understanding the overlap of the different Codes and Laws in France.

Since in law, one word will be placed to hide another.

Thus, Mendelssohn invites jurists with qualifications that he does not possess, to dissect for us the interweaving of the legislative texts discussed below.

(In case people without children are tempted to turn a blind eye – Papa Mendelssohn has five, all of them almost old enough to be drafted, without even coming to the point of requisition…)

To open the festivities, some historical reminder lines appearing on an official site:

Requisitions and Compulsory Labor Service – 1943

The turning point of the STO

As German demands continued to intensify, the Vichy government adopted a new requisition system with the law of February 16, 1943 which established the “compulsory labor service” (STO). All young French people born in 1920, 1921 and 1922 declared fit after a medical examination must go to work in Germany for two years. Important warnings are immediately addressed to those who do not obey. The sanctions to which they are exposed are fines ranging from 200 to 100 francs and prison sentences ranging from 000 months to 3 years, likely, in the event of a repeat offense, to be doubled.

France is the only occupied country in Europe where requisitions are not the consequence of German orders but of a law adopted by the French state.
https://www.cheminsdememoire.gouv.fr/1943-les-consequences-du-sto-dans-la-creation-des-maquis

If Mendelssohn understood correctly, the Military Programming Law passed in August 2023 modifies, among other things, the Defense Code. These are therefore the new articles of the Defense Code in question here.

• https://www.legifrance.gouv.fr/jorf/article_jo/JORFARTI000047915043

Title I
Requisitions for the needs of defense and national security
Chapter II

General principles

"Art. L. 2212-1.-In the event of a threat, current or foreseeable, weighing on activities essential to the life of the Nation, the protection of the population, the integrity of the territory or the permanence of the institutions of the Republic or likely to justify the implementation of the international commitments of the State in matters of defense, the requisition of any person, natural or legal, and of all the goods and services necessary to meet them may be decided by decree in Council ministers. (…)

Mendelssohn asks:

1) In law, legal certainty requires that the citizen understands what we are talking about. Each term used must therefore be defined without ambiguity.

In the context of this article, what does it mean

- threat

– current

– predictable (within six weeks? six years? six decades?)

– activities essential to the life of the Nation (Leclerc supermarkets? Pharmacies carrying out PCR tests?)

– “threat likely to justify the implementation of the State’s international defense commitments”

There are multiple hierarchical levels of a state's international “commitments.” Furthermore, the term “commitment” is not, unless I am mistaken, a legal term in this specific context.

Are we talking about treaties? Written commitments? Unwritten? Kept secret (presence of “mercenaries” in Ukraine)? Under the radar (military activities of France in Africa)?

Or even one-person agreements between the Micronian and X, such as that of February 16 with the current Ukrainian president1 agreement whose legality is more than uncertain?

(We will soon return to the said bilateral security agreement of February 16: apart from committing billions with tax as a source, thousands of French soldiers and specialists should urgently leave for Ukraine, assuming that France is willing and able to comply with it).

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