Radars – Exclusive: The text of the appeal against 80 km-h before the Council of State – Pierre Morel-À-L’Huissier: “We have good chances”

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Exclusive: The text of the appeal against 80 km / h before the Council of State

Radars - Exclusive: The text of the appeal against 80 km-h before the Council of State - Pierre Morel-À-L'Huissier: & quot; We have good chances & quot;

The deputy (UDI) of Lozère Pierre Morel-À-L’Huissier, at the origin of the appeal before the Council of State against the 80 km / h of which we publish the first version exclusively, explains his approach to the readers of the Journal motorcycle from the Net. Interview, arguments and explanations.

Pierre Morel-À-L’Huissier: "We have a good chance"

The readers of the Journal moto du Net, who have been following closely since the end of 2017, have known since last week that about fifty deputies are preparing to appear before the Council of State, joined by and several associations such as La and l’Automobile lawyers club.

"Administrative incompetence"

Before discovering all the written requests which will be submitted "today or tomorrow" to the supreme administrative court – responsible for judging the legality of any decision of the executive power -, note that all these appeals will be merged before the Council of ‘State. 

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What are the arguments invoked? What are the chances of success of this remedy? Can the Council of State suspend the decree establishing 80 km / h from Sunday? Site spoke with Pierre Morel-À-L’Huissier, deputy (UDI) of Lozère (48) and lawyer.

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Regarding the form, "the decree was signed by the Prime Minister and the Minister of the Interior, but not by the Minister of Regional Planning, nor by that of transport, nor by that of the budget", explains the deputy by raising an "incompetence of the administrative authority" on the subject.

"Contributions subject to caution"

This appeal will be "completed in July", but among the substantive arguments the lawyer notes that "the decree is based on opinions and contributions which are very questionable" and denounces its lack of motivation: "the contested decree does not contain no motivation likely to justify the legal and factual circumstances that presided over its enactment, "he said, pointing to the risks of infringement of several fundamental principles of French law: freedom of movement, equality before taxes, non-discrimination (between rural and urban territories), disproportion of the measure, etc..

The signatories of this appeal therefore ask the Council of State "to cancel Decree No. 2018-487 of June 15, 2018" establishing the reduction in speed to 80 km / h from July 1. "I cannot tell you that we are going to win, but I think we have a good chance", indicates Mr. Morel-À-L’Huissier..

Given the delays, "we also plan to ask the Council of State to suspend the decree, which it could do in a month", further specifies the deputy of the most beautiful department in the world who has also written to "all the department presidents to ask them to attack the Council of State or to join my appeal ".

Friends readers, department presidents, it’s up to you … To follow naturally very closely on MNC: stay connected !

The elected against the 80 km / h

  • Two senators attack decree on 80 km / h before the Council of State
  • Denis Masseglia, the only independent LREM deputy on the issue of 80 km / h !

Eric MICHEL

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