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Merely to wear Islamic dress on the streets can he create in the population a voltage such that the mayor is compelled to ban the wearing? Was that the case on the beaches of Villeneuve-Loubet (Alpes-Maritimes) before publication on August 5, an anti arrested “burkini” by the mayor (Republicans) Lionnel Luca?
These issues were the focus of discussions on Thursday 25 August, before the Council of State. A panel of three judges examining the petitions filed by the League of Human Rights (LDH) and the Committee against Islamophobia in France (CCIF) against an interim order dated August 22, by judges of Nice Administrative Court . It validated the law of the municipality, giving harm to the two associations who demanded his urgent cancellation
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Mayor of police power is at stake
The decision was to make the State Council, Friday, August 26 in the afternoon, is awaited: thirty municipalities have indeed taken comparable arrested. They are likely to be reinforced or in turn challenged in court according to the judgment which the highest administrative court.
In addition, according to lawyers and LDH CFIC, the extent of police powers of the mayor is involved. “the burkini is a swimwear that shows no real difference with the veil argued M th Patrice Spinosi, counsel for the DDA. This is a veil covering worn over a dress suitable for swimming. “ In addition, the maritime domain, where swimming is prohibited in Burkini in Villeneuve-Loubet, is a public space. “What is the limit? continued the lawyer. If the mayor regulates religious symbols in the maritime space, why not on the beach and on the street? “
The order is, according to its opponents, a disproportionate interference with freedom of conscience, which guarantees the right to express his religious beliefs. “The wearing of a religious symbol, whatever one may think of this sign is a freedom” , added M th Spinosi.
Read also: Indignation at the pictures of a veiled woman controlled on the beach in Nice
“a special climate”
in response , lawyers for the town of Villeneuve-Loubet have invoked or the respect of hygiene, nor that of secularism, nor morals, yet mentioned in the bylaw. The imperative of gender equality, cited in the order of the judges of the Nice Administrative Court, has not been mentioned.
None offered sufficient legal basis to motivate ‘stopped. Their defense has focused on a single point: the risk of disturbing public order, only likely in the current law to justify the restriction of liberty imposed on carriers wear opaque to the beach, if it is “proportionate” at risk.
“There were many burkinis on the beach in Villeneuve-Loubet before the order of 5 August, and since the order the situation is completely calm, “ said one of the lawyers of the municipality, M th François Pinatel
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“the risk must be objectively demonstrated, retaliated M th Spinosi <. em> Are there any riots, violence? “ When asked by one of the judges, who asked for clarification of the facts, counsel for Villeneuve-Loubet admitted that no incident had occurred, but that the quantity ” bloated ” on the beaches of burkinis generated a “tension” specific after the attacks suffered by France, particularly in the neighboring town of Nice, July 14 .
“There is in this region, the election results show, a particular climate, sued M th Pinatel. The reactions that followed the bombing of Nice were incommensurate with those that followed the attacks of November 2015 in Paris. The mayors are trying to calm things down. They take preventive measures to prevent the situation from degenerating. “
” The path of freedom “
The lawyer CFIC, M th Sefen Guez Guez, s ‘railed against this argument. “This is the hypothesis that the population of Villeneuve-Loubet is so racist and intolerant than the sight of a sail provoke disorders, he launched. I do not think so. “
He also criticized a logic that leads to ” exclude potential victims of racism to protect “ then challenged the ” communitarian “ outfits opaque to the beach. “Just to mix with others, go to the beach at the same time as the others, demonstrates the opposite,” he said.
lawyers associations have called the judges of the State Council to abstract the broad political and societal debate launched by anti-burkini arrested. “France is now bruised [for the attacks] , but lost the sense of proportion in this case, said M th Spinosi. You must be the compass in the storm continues to indicate the path of freedom. The solution that you retain will necessarily expand. “
The advice of the municipality have their side tried to focus the attention of the judges on the only town of Villeneuve-Loubet, not those of Nice or Cannes, where veiled women have been fined on the beaches, and to restrict the scope of the judgment at a place and a particular context
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