Droit d'expression
Par Dédé Nypleut le jeudi 23 mars 2006, 12:10 - Aïe - Lien permanent
À la lecture de cet excellent blog ;-), le rouennais.com, je suis tombé sur son dernier article :
Le droit d'expression de l'opposition municipale
où Sébastien Bailly nous dit que d'après l’article L. 2121-27-1 du code général des collectivités territoriales, le droit d'expression de l'opposition municipale doit s'étendre aux sites webs ainsi qu'aux blogs.
Première question : « A-t'il fait cette proposition à l'opposition municipale de Canteleu, quand il tenait les rènes du blog municipal ? »
Réponse : « Je ne sais pas, mais j'irai voir ! »
(Non, je plaisante !)
En tous cas, le ministre de l'intérieur lui-même a répondu à cette même question (JO de l'assemblée nationale du 15/02/2005) :
L'article L. 2121-27-1 du code général des collectivités territoriales prévoit un espace d'expression des conseillers qui n'appartiennent pas à majorité municipale dans le bulletin d'information générale diffusé, sous quelque forme que ce soit, par les communes comptant 3 500 habitants et plus. L'information générale sur les réalisations et la gestion du conseil municipal peut être assurée par différents supports qui ne sont pas exclusifs les uns des autres. Ainsi, si le site internet de la ville offre une diffusion régulière d'informations " sur les réalisations et la gestion du conseil municipal ", en vertu du droit que leur reconnaît la loi, les conseillers minoritaires doivent y avoir une tribune d'expression. L'exercice de ce droit est organisé par le règlement intérieur du conseil municipal, un espace pouvant être réservé soit aux conseillers à titre individuel, soit aux groupes d'élus. Dans ce dernier cas, un conseiller minoritaire qui ne serait rattaché à un aucun groupe ne pourrait se voir refuser un espace d'expression, l'article L. 2121-27-1 susvisé ne subordonnant pas le droit d'expression des élus d'opposition à leur appartenance à un groupe déterminé.
Mais, le Rouennais.com dit donc, qu'en vertu de cet article :
cela devrait donc concerner, le site Internet de la ville, le site Imagine Rouen, la lettre d'information par email Imagine Rouen et le blog de la ville. Ce n'est pas le cas aujourd'hui, et c'est manifestement illégal.
Je me suis dit, pour le site de la ville, pas de problème, pour le blog et la lettre d'information idem, mais pour le site Imagine-Rouen, il ne peut pas en être question, car, il s'agit d'un site de propagande politique, appartenant aux amis de Pierre Albertini. J'avais d'ailleurs, à la suite de l'article Franck qui ?, commencé un post en allant voir à qui appartenait les sites politiques, et à l'époque (janvier 2006), j'avais cru voir que le site Imagine-Rouen n'appartenait pas à la municipalité, mais, à ces fameux amis.
Or, aujourd'hui, il apparaît que le site appartient bel et bien à la mairie de Rouen, voir ICI, est-ce que ça a changé le 21 mars 2006, où est-ce que j'ai eu la berlue en janvier 2006 ?
Mais, encore une question, est-ce que la mairie a le droit d'acheter un site de propagande de son maire ???
Car, imagine-rouen.com a été créé le 26 octobre 2000, je rappelle pour ceux qui n'étaient pas nés à l'époque, que Pierre Albertini était encore maire de Mont-Saint-Aignan, et que les élections municipales ont eu lieu les 11 et 18 mars 2001. Et que le site imagine-rouen.com était bel et bien, « Le site de Pierre Albertini, candidat aux élections municipales ». Vous pouvez consulter les archives, où l'on peut y lire : « FÊTE DE CAMPAGNE ! le 7 février, 800 personnes ont fêté la campagne, c'est deux fois plus qu'Yvon Robert.
Normal, c'est deux fois mieux... ;-) »
Donc, un site de propagande !
Et d'ailleurs, quand je me suis inscrit à la mailing-list, je me suis inscrit pour avoir des nouvelles du "candidat Pierre Albertini" et non pas du maire.
Mais après l'élection, c'est devenu la lettre du maire. Mais, je l'ai toujours reçu en imaginant que c'était de la propagande électorale. Ce qu'un maire a parfaitement le droit de faire ! Il le paye avec ses deniers, ou les deniers de ses amis, et ça ne pose de problème à personne. Et d'ailleurs, c'est toujours le cas le 27 janvier 2004. Où l'on peut y lire :
En mars 2001, l’équipe Imagine Rouen s’engageait devant les Rouennaises et les Rouennais en proposant 40 projets pour la ville.
Où en sommes-nous aujourd'hui ? Nous vous proposons de faire un bilan en ligne de l’avancée des engagements d'Imagine Rouen
Donc toujours un site de campagne, donc toujours pas de site de municipalité !
Que s'est-il passé ces derniers jours ?
Comment un site de campagne électorale peut être acheté par la municipalité ?
Peut-être que je n'aurai pas de réponse, où qu'un jour les réponses seront faites par Valérie...
Nypleusement votre...
Dédé
Commentaires
Oui, j'aimerais bien voir un site municipal ou officiel donnant une page à un groupe ou une personne de l'opposition ?
En Seine-Martime, je n'ai pas vu d'exemples...
Je partage votre réflexion Didier
Cordialement
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