Conference: “Changes in Criminal Law: Between Upholding Values and Protecting Freedoms?”

Thursday, June 29, 2017, from 9 a.m. to 6 p.m.
3rd Cambacérès Conference
School of Law and Political Science, Cambacérès Lecture Hall, Building 1

After focusing on contract law reform in 2014 and current developments regarding the “El Khomri” labor law in 2015, it was decided in 2016 to focus the 3rd Cambacérès Conference on criminal law and, more specifically, on “changes in criminal law, between the affirmation of values and the protection of freedoms.”
Accordingly, the Faculty of Law and Political Science entrusted the Montpellier criminal law team—through its director, Professor Marie-Christine Sordino—with the task of organizing this academic event, in partnership with the Montpellier Court of Appeals.
The declaration of a state of emergency across the country following the serious terrorist attacks carried out in France raises an important question that calls for further reflection.
It is, in fact, very important to strike a balance between administrative and criminal proceedings so that the values of the Republic and civil liberties are respected and upheld. The government thus set this goal for the law of June 3, 2016. It is intended to reflect the values to which democracy is committed and seeks to ensure this balance between the judicial judge—the natural guardian of civil liberties—and the administrative judge.
However, these changes taking place in criminal law are not due exclusively to terrorist threats. The dual trend toward the constitutionalization and internationalization of criminal law has contributed to diversifying its sources and altering the substance of the principle of legality in criminal law. This trend has been evident for several years now.
The shift from formal legality to substantive legality, and the role of the judge in interpreting criminal law, represent a significant evolution that likewise calls for reflection. Does criminal law—as a vehicle for expressing the values of society—still convey the values of the Republic with the same force? Can it still serve as the protector of freedoms? And what of the principles of necessity and proportionality, which, enshrined in Article 8 of the 1789 Declaration of the Rights of Man and of the Citizen, define the full extent to which the legislature must exercise its authority?
This event, featuring perspectives from academics as well as legal professionals—including attorneys, judges, and administrative court judges—will provide an opportunity to explore these issues in greater depth through various presentations and roundtable discussions.
The day will conclude with remarks by Professor Christine Lazerges, Chair of the National Consultative Commission on Human Rights.

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