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Marriage between same sex: a banal reminder of rights by the Constitutional Council

Affirming the right to lead a normal family life does not have the right to marry for same-sex couples, the decision published 28 January 2011 by the Constitutional Council reminds us of the virtues of PACS (1 ) and the basics of constitutional law (2). It remains surprising (3).

(1) The virtues of PACS

Conduct a normal family life without being married, this is the promise of PACS (Civil Solidarity Pact).

Governed by articles 515-1 and following of the Civil Code, the PACS can enjoy the benefits of including economic life of the couple, such as taking into account household income, exemption from inheritance tax, the quality of entitlement in the social or the right to transfer the lease in case of death.

And since the PACS does not surviving heir, a simple holograph will address them.

On the descent from the father, it will suffice to establish before birth or after an act of recognition.

In summary, ACAP is as a marriage without its main disadvantage: the divorce proceedings, accompanied by a compensatory allowance.

With now more than 90% of heterosexual couples among the PACS, PACS demonstrates that force can be considered preferable to marriage.

It is therefore not a wedding on the cheap but a contract to lead a normal family life.

The Constitutional Council can only be approved for the reminder.

(2) The basics of constitutional law: Article 34 and the principle of equality

Under Article 34 of the Constitution, the law lays down rules on "state and capacity of persons, matrimonial regimes, inheritance and gifts. With good reason, the Constitutional Council concludes that it is incompetent in matters of marriage and refers the matter to Parliament.

It was also necessary that the existing law did not bear not affect the rights and freedoms guaranteed by the Constitution.

was precisely what the petitioners argued, the law would impose an unequal treatment to same-sex couples. It ignores that in the principle of equality.

It is always dangerous to rely on that principle.

According to a recital-classical architecture (Decision No. 87-232 DC of 07 January 1988 - Recital 10), the constitutional court said that "the principle of equality does not conflict with what Parliament rule differently in different situations or that departs from equality on grounds of general interest provided that in either case, the difference of treatment which results in either report directly subject to the law that establishes ".

Thus, three "parameters" allow Wise to justify their decision:

▪ the notion of different situations

▪ reasons of general interest

▪ the compared with the object of the law.

do not need to be a genius to see how the principle of equality is flexible: easily, it can lead to justify a posteriori a priori a desired result!

(3) A decision, however surprising

The QPC (Question Constitutionality of Priority) is in fashion!

Now everyone has the right to request verification of the conformity of legislation with the Constitution.

This right remains regulated and controlled: the impugned law must condition after trial The question should not have been raised before and, moreover, it must be considered serious.

The Council of State and the Court of Cassation were responsible for this control.

And that's where the surprise is born!

How and why the Court of Cassation could she think that the question posed in this case was serious while the response of the Constitutional Council could be little doubt?


Michael Pasotti - Lawyer of Paris - Paris, 30/01/2011

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Cloud computing and IT contracts: New or Noise?

Cloud computing has become ubiquitous in the jargon of new technologies. Technological breakthrough or buzzword? Through the lens of contract law, the record is disappointing news!

The Official Journal of 6 June 2010 defines cloud computing as "processing mode data to a client, whose operation is done via the Internet in the form of services from a provider ;.

He then said: "Cloud computing is a particular form of management of information technology, in which the location and operation of the cloud are not likely to customer knowledge. "

From this definition, it appears that cloud computing requires three conditions Cumulative:

• Internet
• Outsourcing
• Uncertainty about the location and operation of the service.

Ultimately, the only specificity of Cloud Computing is constituted by uncertainty about the location and operation of the cloud.

It knows no boundaries, the question of law arises.

In the year 1910, the Supreme Court brought the answer in affirming the principle of autonomy: "The law applicable is the one chosen by the parties." (Civ. 12/05/1910 - American Stop Trading)

The Rome Convention of June 19, 1980 does nothing but take this principle.

Thus, the express choice of applicable law allows parties to easily reduce the legal uncertainty resulting from the operation in cloud.

Similarly, a jurisdiction clause provides the power to appoint advance by the competent court in cases of dispute.

These general rules known a few exceptions, particularly when faced with a law enforcement or reach the protection of the weaker party.

But these exceptions are specifically strengthen legal certainty and therefore are likely to reassure those who use the services of the cloud.

then remains the question of transfers outside French territory of personal data.

They are supervised by the Act of 6 January 1978 relating to data, files and freedoms.

But Article 69 of the Act provides that the transfer of personal data may be made to a state, whatever it is, "if the person to whom the data has expressly consented to their transfer. "

Such consent is already common among professional outsourcing.

In summary, the cloud does not raise specific difficulties of a legal point of view.

However, concerns about security and privacy practices represent the greatest obstacle to accession to the cloud.

And the famous elasticity promised by cloud computing (which is the "scalability" of 1995) imposes obligations service levels particularly accurate.

It So a team effort, combining intimately contracts, Service Level Agreements and certifications SAS 70 Type II or ISO 27001 that cloud computing will continue to grow.

Michel PASOTTI - Lawyer of Paris - Paris, January 23, 2011

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Changing payroll applicable to severance pay of contract: January 2011

Article 18 of the Act, funding for Social Security 2011 significantly amends payroll taxes applicable to compensation for termination of the employment contract.

After a transitional year in 2011, the maximum exemption from payroll taxes on severance payments will increase from 207,720 euros to 106,056 euros ceiling (or 3 maximum annual social security cons 6 previously).

Any compensation above this limit, even under a collective agreement or paid under a Plan for the Protection of Employment will be subject to social security contributions and taxes for the amount above that ceiling (or 106,056 euros, on the basis of the current annual cap on Social Security).

few simulations to see how the effects of this ceiling combine with that determined by the amount of compensation Gross collected during the previous year:

Short Term Effects Os Syphilis

Soon .... Maps ... Memoirs of merchants and travelers

Soon a reflection textual and visual as abitude, the traces of an ancient Morocco, a presence in the Mediterranean has always existed, and an Africa North mythical and mysterious as it was to Europeans in 1500 until the beginning of last century.

the occasion of the passage in my hands some maps (the original of course) for ages much more distant time actually happened, I want to honor those who travel documents since time and relate memories from their printing.

These maps and their traces, designs, names that are represented here - what makes the difference with any sheet of paper are a testimony to understand basic territories, their cultures, their history and their relations because these traces of memories derived specifically for traders and travelers of those times and all previous periods.

The cards are not the photograph of a region or continent, these cards are the memory. Have these in my hands documents is a privilege to be there and there is enough to get lost.

Marocca Regnum

Mauritania and Africa Propria nunca Barbaria

Africa, Sebastian Munster

Marocco Ruscelli

Different Color Letters

simulations: changing editorial! Faurecia

always go faster ... That is the harsh law that required virtually all.

This leads me now to focus on short articles mood, based on the air.
Nevertheless, the two previous years remain relevant archives. I refer specifically to the growing role of charters in the area of ICTs. Thus, Ch Soc. December 15, 2010:

"But considering that the appellate court, which noted that the use of its messaging for receiving and sending pornographic material and Conservation on the hard drive of a large number of such files were a deliberate and repeated breach of the employee to the prohibition imposed by Charter IT implementation in the integrated company and the rules of procedure, was able to deduce that these actions, some of which may be of criminal nature, constituted serious misconduct ".

I could also mention the centrality of section 1382, which still well beyond our "Swiss knife".

As the good old rules of private international law, they probably will tell us the answers. But

cloud shelves and (skillfully defined by the Official Gazette dated June 6, 2010) will inevitably raise new questions.

Greetings to readers of this blog!

PS: Defining cloud computing

Official Gazette No. 0129 of June 6, 2010 Page 10 453

text No. 42



VOCABULARY Vocabulary of computer and Internet

NOR: CTNX1012892X


cloud computing
Subject: Computer / Internet.
Definition: Method of Treatment data from a client, whose operation is done via the Internet in the form of services from a provider.
Note: Cloud computing is a particular form of management of information technology, in which the location and operation of the cloud are not brought to the attention of customers.
See also: management of computing, cloud. Equivalent foreign
: cloud computing.