Originally Posted by
CONF iture
but only the FCS restricted Asseline...
Why do you keep calling it a "restriction"? It isn't - it's a deliberately engineered damping feature to ensure stability when in HAP mode which is, after all, concerned with protection from stall and stabilising trajectory.
Asseline wasn't restricted by the EFCS, he was restricted by his own actions in the previous 30 seconds or so - chopping back too much thrust, and then seeming indecisive about whether to actually go for Alpha Max (while constantly bleeding off airspeed). The EFCS doesn't know there's an obstacle three seconds away, it just tries to comply with the commands as best it can, and in this case both the TOGA thrust and full back-stick came too late.
The A320 and its systems were designed for ferrying passengers between airports, and the protections were designed to fit that function - it was not designed for "playing chicken" with forests at low altitude and low speed!