Page 101 - kpi17968

90

In the last level, democracy needs accountability. It is also
linked. The concept of rule of law does not guarantee democracy
if it does not comply with these requirements: - I write it by two
terminal requirements on which we assist, particularly, in France.

The first one is transparency and control; in other words,
public accountability. All State powers assume in return
accountability of officials before citizen or representatives. As
underlined in French’s declaration of human right, this
accountability is necessary for what it means today by good
governance. Public accountability must be efficient; it concerns
both administration and ministerial responsibility.

The second requirement resulted from the emergence of
what is called positive obligation of the state in Europe- not only
in Europe, international law. Obviously, it is not to complete the
rule of law with kind of welfare state, but increasingly in France,
the notion of democracy includes full legal recognition of
economic and social rights. In other words, recognition of rights
not only belong to individual but also to groups, unions,
associations.

Finally, to conclude driven by these forces and influence of
globalization of constitution and democracy, the concept of Etat
de droit in our country gradually gives way to the notion of only a
form of good governance. In France, we do not speak so much of
state law but more and more of law of French Republic. In this
regard of systematic to show ambiguous in this concept of Etat de
droit, all these concepts were transformed over time. In this last
sense, it may be certainly variable to quote the first provision of
the current French constitution. Our first Article, first provision of
constitution, states that France shall be an indivisible circular
democratic and social republic. I have never said socialist but
social republic. It is important- Social Republic.

Thank you very much for your attention. If you want to keep
in touch, all my research, there is a small bibliography in the last
line. Thank you very much for attention

การอภิปรายรวมระหวางผูแทนจากตางประเทศ