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From sovereignty to nationwide safety

We’ve got beforehand seen that sovereignty rhymes with independence in accordance with French establishments, due to its historic attachment to political science.

We then tackled the difficulty of authorized sovereignty and the thwarted expression of nationwide regulation as a result of breakdown of worldwide regulation:

Then, we targeted on finding out the idea of financial sovereignty within the gentle of financial rivalries

We suggest right here to check the idea of sovereignty expressed from the angle of nationwide safety, seen because the implementation of sovereignty in its strategic dimension.

From nationwide safety to strategic autonomy

It’s due to this fact a query of constructing clever use of our borders, an historical instrument for the train of energy. The border is right now the technique of protecting at a distance the machine that places all human actions in competitors with out limits.. [1]

It’s clear that globalization has created a disordered world financial house, a supply of main crises just like the one skilled with the Covid19 pandemic, undermining sovereignties. This could result in questioning what France has been missing and the technique of succeeding in restoring its energy, in a harmonious framework, devoted to its cultural heritage.

After we have a look at the financial knowledge, we see how a lot – because the denunciation of the agreements of Bretton Woods by america in 1971 – the world has returned to ranges of change which had not been recorded since 1914. Besides that financial competitors now not permits the identical actors head to head. Since then, the worldwide economic system has develop into rather more open, but additionally interconnected.

Protectionism reminiscent of that prevailed earlier than 1914 would now not make sense in the identical kind. It’s due to this fact a query of having the ability to reconcile the precept of an open economic system, with nonetheless strategic priorities; it’s the sense of financial patriotism that will also be designated by “financial sovereignty”.

Such a tool, following the instance of the success recorded by america, is essentially primarily based on a strategic state and a doctrine of nationwide safety the place financial priorities have to be thought-about.

The nationwide safety technique introduced by Donald Trump on December 16, 2017 recalled the said ideas of financial safety, competitiveness, and the preservation of technological advance within the face of overseas predators; China was additionally clearly designated as a strategic competitor, whereas america advocated, for its allies, “peace via pressure”.

The idea of nationwide safety

Towards the backdrop of “deglobalisation” accentuating the return to the national-regional-local triptych, it’s now essential to seek out essentially the most applicable degree to construction social, financial and industrial cohesion, following the pearly transfers of sovereignty (financial and political ) having highlighted the shortcomings of the supranational authorities.

Nevertheless, placing an finish to a number of many years of business dependencies, business submissions, abandonment of know-how can’t be resolved with the stroke of a pen. That is applied throughout the framework of a method, hidden for too lengthy in favor of a short-term goal dictated by fast monetary earnings.

For Maurice Allais, the French Nobel Prize in Economics in 1988:
“the world has develop into an unlimited on line casino the place the gaming tables are unfold over all longitudes and all latitudes” [2].

We consider that this doctrine of relocation and reindustrialisation, and extra broadly of strategic anticipation and autonomy, have to be thought-about within the context of nationwide safety, the sovereign basis of the long run and a situation of nationwide independence, reminiscent of it’s a part of the Structure of October 4, 1958.

The very precept of nationwide safety is basically an empirical strategy that evolves in accordance with circumstances. It’s primarily based on a consensus aimed on the safety of the Nation in all its important dimensions: well-being of the inhabitants, social peace, justice, inside safety, permanence of delicate actions, financial stability and growth, defence, and so forth. Its function is to scale back the modern threats recognized and to reply to them if essential. On this sense, it refers back to the thought of ​​common curiosity developed by Jean-Jacques Rousseau.

In response to america of America, which had been its fashionable precursors, the idea of nationwide safety goes far past the framework of protection alone. Specifically, they’ve built-in the economic system with out advanced into their technique, believing that it contributes to nationwide prosperity, via entry to important assets, the security of commerce routes, the safety of digital companies and networks… This query of financial safety technique had been developed as early as 1947.

Particularly, nationwide safety as famous above goals to make sure respect for the superior pursuits of the Nation in all its dimensions for the well-being of its inhabitants and the protection of its territory.

Pursuant to Article 410-1 of the Penal Code:

“The basic pursuits of the nation are understood throughout the which means of the current title of its independence, the integrity of its territory, its safety, the republican type of its establishments, the technique of its protection and its diplomacy, safeguarding its inhabitants in France and overseas, the stability of its pure setting and its setting and the important components of its scientific and financial potential and its cultural heritage. »

A late French reappropriation

France solely raised the difficulty of nationwide safety in 1994 (White Paper on Nationwide Protection). In 2008, below the impetus of President Nicolas Sarkozy, the time period “nationwide safety” prolonged to inside safety insurance policies, worldwide relations and financial points (Protection and Nationwide Safety White Paper, 2008). It’s on this spirit {that a} Nationwide Protection and Safety Council (CDSN) was arrange, which President Emmanuel Macron not too long ago convened throughout the COVID-19 disaster, broadening per se its area of intervention in well being issues.

As a result of beforehand, opposite to the American conception, France had restricted the precept of nationwide safety nearly to the only real area of protection (below article L. 1111-1 of the Protection Code). Due to this fact, France appears to have not too long ago been in a position to develop its nationwide safety doctrine, extra carefully embracing the depth and breadth of the true technique as outlined in america.

Underneath the aegis of the Normal Secretariat for Protection and Nationwide Safety (SGDSN), positioned below the Prime Minister, nationwide safety has largely been cast from the angle of main dangers as recognized: terrorist risk, well being dangers , technological dangers (of the nuclear or chemical kind, affecting the Seveso websites particularly), pure dangers and cyber dangers.

This litany responds globally to the crucial strategy of safety and cohesion of the Nation. It’s due to this fact not a lot the letter that’s lacking (regardless that it’s visibly dated); however maybe it’s the spirit that’s missing.

Seeking strategic autonomy

The Union respects the equality of the Member States earlier than the Treaties in addition to their nationwide id, inherent of their elementary political and constitutional constructions, together with as regards native and regional self-government. It respects the important features of the State, particularly these aimed toward guaranteeing its territorial integrity, sustaining public order and safeguarding nationwide safety. Specifically, nationwide safety stays the only real duty of every Member State
Treaty on European Union, article 4 § 2

Certainly, the general public authorities are nonetheless struggling to outline the important financial sectors, as not too long ago illustrated by the contradiction of the authorities on the precise work of staff throughout a interval of confinement.

And but, a number of precedents exist: when it comes to cybersecurity the system of Operators of Very important Significance (OIV) and the safety of actions of important significance: meals, water administration, well being, civil actions of the State, actions judiciary, navy actions, vitality, finance, transport, digital, audiovisual and knowledge communication, trade, house and analysis.

But additionally that of Important Companies Operators (OSE) which additionally determine strategic financial actions: vitality, transport, banks and insurance coverage, training, well being, distribution of consuming water, collective catering.

On the aspect of the management of overseas investments in France (IEF, cf. beneath), setting a system of prior authorization by Bercy for the acquisition of corporations or branches of exercise falling inside this class, we now discover: playing, personal safety actions, R&D actions on pathogens, actions referring to technical tools for safety interception, cybersecurity, dual-use items and companies (civilian-military), digital encryption, nationwide protection, important continuity and safety infrastructures, R&D in cybersecurity, internet hosting of delicate knowledge.

With regard to the safety of the scientific and technical potential of the nation (PPSTN), the strategic analysis sectors have been identified: biology, drugs and well being, chemistry, arithmetic, physics, agronomic and ecological sciences, earth and water sciences. universe, house, info and communication sciences and applied sciences, engineering sciences.

This broad enumeration units a framework for state management within the permanence and resilience of important financial actions. Nevertheless, the 2 frames don’t overlap.

If this corpus of strategic financial actions appears to be comparatively effectively perceived by the general public authorities, the very fact stays that regardless of these mechanisms, the hyperlink of financial or technological dependence continues to be too little considered.

For this reason the nationwide safety doctrine should henceforth assign itself extra exactly to aiming at strategic autonomy, the one situation of independence as Normal De Gaulle wished in his day.

It’s due to this fact a matter of will.

To be continued…

By Olivier de MAISON ROUGE
Lawyer, Physician of Legal guidelines
Newest e-book printed: “Successful the financial battle. Plea for financial sovereignty and strategic independence » VA editions, 2022

[1] Arnaud MONTEBOURG, Vote for de-globalization! Flammarion, 2011

[2] Quoted by Michel ALBERT, former Commissioner Normal for Planning, in Capitalism towards capitalismThreshold, 1991


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