Four new anti-Burkini arrested should be suspended Tuesday and Wednesday. The court in Toulon will examine this afternoon the appeal filed by the Collective against Islamophobia in France (CCIF) against the text to ban the wearing of Burkini on the beaches of Frejus, in Var. In the morning, the Nice court suspended the order made in Cannes waiting to vote Wednesday on appeals against the decision taken in Nice but also Menton and Roquebrune-Cap-Martin.
The judgment seems already written. On Friday, the Council of State suspended the decree anti-Burkini taken in the town of Villeneuve-Loubet. The highest administrative court, whose decision is legally binding, considers that only the presence of a risk of disturbance of public order may justify a restriction of the freedom to come and go, freedom of conscience and freedom personal represented the ban on wearing this outfit covering the whole body except for the feet, hands and face.
Defiance administrative tribunals?
a few days after the hearing before the Council of State, almost all the mayors kept their arrested. On BFM TV, the mayor of Sisco, Corsica, considered not to be affected by the decision of the court. In Nice, the municipality was that his officers would continue to verbalize to women wearing Burkini. In the Var, no town has yielded. In the Alpes-Maritimes, only the mayor of Eze, “out of respect for the Council of State” withdrew his decree says Nice-Matin .
“All those arrested , if maintained, will be attacked, “warned Saturday me Patrice Spinosi, counsel for the League of Human rights which was before the Council of State. “LDH has already planned to request the withdrawal of these orders” that “does not comply with fundamental freedoms.” “The courts can resist the Council of State warns Me Henri Leclerc, Honorary President of LDH, contacted by BFMTV.com. There is no doubt that if the courts uphold those arrested, they were subsequently canceled unless if absolutely exceptional circumstances. “
the arrested soon obsolete
This raises the question of the reaction of the prefectures and the Ministry of Interior or lack of reaction face the mistrust of mayors face justice. “The prefect an administrative role, it could very well cancel orders, said Mr. Henri Leclerc. It would probably be more convenient than the prefectures do so.” Reeve has indeed a role to verify the legality of municipal ordinances in the region. If the non-compliant judge, he may file an administrative appeal before applying to itself the administrative court.
At the Interior Ministry, it was explained that the Department of Civil Liberties and Legal Affairs “requested the prefects an inventory, as it does every day on other subjects.” “It is whether municipalities have issued orders and there were disturbances to public order observed,” is continued place Beauvau, as reported by Le Monde we imagine uncomfortable with the subject especially after the skirmish between Manuel Valls, who supports those arrested and some of his ministers.
at the League of Human Rights, it is estimated that the Ministry plays for time while many anti-burkini arrested not run for most until 31 August. Yet until September for others. “We have the feeling that preserves the prefects, analyzes the honorary president of the LDH. In this case, there is a political aspect in which there are strong views. Of course it’s the law wins but sometimes arrange the political right. “