mardi 7 mai 2013

PR ABDOULAYE DIEYE ABROGRATION ON THE DRAFT LAW Ezzan : "From a strictly legal standpoint, there is an opportunity to repeal this law"



The proposed repeal of the law Ezzan announced yesterday by the chairman of the parliamentary group "Benno Bokk Yakaar" Moustapha Diakhate is according to constitutional and legally possible. It explains how to get.

The possibility of repealing the law Ezzan suffers no doubt. At least in strictly legal terms. According to the professor of constitutional law, Abdoulaye Dièye, "a strictly legal standpoint, there is an opportunity to repeal this law." When we repeal this law, says professor of constitutional law, "it is deemed never to have existed. Even if it was to pardon the facts, these facts are never pardoned. " The legislative process to repeal this law is simple. The initiative may come from members or the president of the republic. If the initiative comes from the president, he said, it is a project. If it's coming from members is a bill. The procedure begins with the filing of the project or the proposed law on the office of the National Assembly. The office will take action and will inform the President of the Republic for an opinion, if it's a bill. The president of the republic will give its opinion. Then the process will continue at the National Assembly, by investigating the case at committee level before it passes the plenary. If the law is passed, it will be enacted if there is no appeal against this law. Because, says Deye, Members may file an appeal. They may ask the Constitutional Council to rule on the constitutionality of this law. If there is no appeal or if the Constitutional Council, said that the law is good, it will be promulgated and published and becomes law, which will repeal the law Ezzan. However, from a moral point of view, Professor Dièye, wonder if we can go back to what was supposed to have been erased. Because he explained by the difference between pardon and amnesty is that with only erases the trouble while the amnesty erases the offense. So Ezzan law as it existed, it was supposed to have cleared the offense. Now, if he asks, in strictly moral terms, is that we can go back to what was supposed to have been erased. This is the problem that will ask for the repeal of the law Ezzan the opinion of Professor Abdoulaye Dièye constitutional law.
As a reminder, Thursday, February 17, 2005, former President of the Republic of Senegal, Abdoulaye Wade, has enacted Ezzan law (named after the late Liberal Isidore Ezzan), adopted by the National Assembly on January 7, 2005 70 votes against 20. This law granted amnesty to all the authors and sponsors of crimes in connection with the elections from 1993 to 2004. Among these crimes and amnestied Ezzan law, prominently the assassination of former President of the Constitutional Council of Senegal, Mr. Babacar Seye in the presidential election of 1993.
HAROUNA FALL

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