You cannot dissociate the zone of exception which has formed in Calais over the years of the putting in place there of a state of exception, and that which has now spread throughout the territory. Thus the use of the police to conduct a policy of harassment of Exiles and to a lesser extent of their helpers, policy which passes through multiple violations of the law, creating a situation of impunity which has been reinforced when the government, unpopular and weakened , depends on its Police to impose its policies, as was seen especially during the movement of opposition to the labour law.
Thus also the use of the state of emergency for the successive destruction of parts of the Calais shantytown until its final destruction, the establishment of a protection zone to keep witnesses at a distance on that occasion. The prohibition of demonstrations, the penalization of solidarity (here, here, here, here, here, here, here, here, here, here and there).
This diversion for another purpose of the exceptional measures which had been aimed in principle at combating terrorism is enshrined in the new law prolonging the state of emergency as is adopted today by the National Assembly, which has removed its Article 2 bis ; the reference to “strengthening the fight against terrorism”. ”
Similarly, the provision that provided for the end of the state of emergency (or in effect the adoption of a new law passing through Parliament to reinstate it in the event of a change of Prime Minister has now been amended to make it last beyond the presidential and legislative elections, the campaigns of which will be carried out entirely under this exceptional regime (Article 3).
But less visible organizational changes are also playing an important role in shaping the situation. Over the years, the Ministry of the Interior has taken an increasingly central role in the functioning of the state. It is therefore necessary to take these elements into account if the question of other policies is asked.
The reform of the organization of decentralized state services in the context of the General Review of Public Policies (2007 – 2010) passed from a scheme where each Department had departmental and / or regional committees to implement its policies to Departmental and regional groupings of services under the authority of the Prefects. These, which are under the control of the Minister of the Interior, thus acquire a central role in the implementation of government policies in the territories.
The Ministry of Immigration, Integration and National Identity, created in 2007, brings together the services of the various ministries concerning the foreign population. It was abolished in 2010, and its services were integrated within the Ministry of the Interior. While each ministry had an action concerning the population in a general way, sometimes with a specific action concerning the foreign population, it is now the Ministry of the Interior that concentrates the services of the action of the State concerning it.In the context of increasingly repressive migration policies, it has also become the ministry of Police and residence permits. As for the right of asylum, OFPRA (the French Office for the Protection of Refugees and Stateless Persons) was also placed under the supervision of the Ministry of the Interior in 2010.
In continuation of a long series of security laws, the state of emergency in force for over a year and a judicial reform in 2016 have increased Police powers, that of the Prefects and prosecutors to the detriment of judges. Very discreetly and under cover of administrative reorganization, the decree of December 5, 2016 relates to the functioning of the courts towards a new service of the Ministry of Justice, the government thus interferes in the functioning of the judiciary. In response, the High Court appealed against the Minister, and the controversy continued.
Beyond the legal effects, the state of emergency and the accompanying government communication have increased the importance of the Minister of the Interior within the government, as well as the two successive posts of Minister of the Interior to that of Prime Minister (Manuel Valls and then Bernard Cazeneuve). In the second case, the fact of having people close to the President of the Republic in the shape of the prime minister and the minister of the interior reinforces the importance of the line on security