Hadopi 2: Finally, the State Council has approved
Yesterday the report issued by the State Council on the "bill on the criminal protection of literary and artistic property on the Internet," was revealed by The Tribune , Who reported a critical stance towards the text to be presented to the Senate next week.
The Ministry of Culture came back Tuesday night on this statement, told AFP that the Council of State had not "expressed reservations" about the text. The highest French administrative court would have actually given her carte blanche to the project.
For Emmanuel Berretta, the magazine Le Point, the mistake is that The Tribune had access to the "draft of the rapporteur to the Council of State." An annotated draft, particularly on items likely to cause problems with respect to the constitution, but that does not prejudge the final opinion of the Council, after deliberation, would have approved the text.
Whatever the final content of the notice of the State Council, which is only advisory for the record, the objections will be again during the debates in the Senate (July 8 and 9) and the Assembly National (around July 20) or after any vote on the law, if referral to the Constitutional Council.
Among the obstacles raised: the reduction of "judicial intervention to a simple quasi administrative" interference made by the legislature, and the presumption of guilt applied to cases where the accused may not be able to 'prove his innocence.
