The long-awaited decision will set a precedent regarding the municipal thirty decrees issued this summer prohibiting Burkini on beaches.
“France is afraid. (…) The right does not yield to the demands of fear “, on Thursday launched Me Patrice Spinosi judges of the State Council, urging them to be a” compass “in the current” turmoil “and to suspend the order antiburkini taken on August 5 by the town of Villeneuve-Loubet (French Riviera). The lawyer for the League of Human Rights (LDH), which opened the public hearing in this case the Burkini that the heart of the summer, after the bombing in Nice and in a context state of emergency, ignited the world of politics, media and beyond. In the sweltering heat of the room Counsel, journalists and citizens flocked to attend the debates. On the one hand, the League of Human Rights and the Collective against Islamophobia in France (CCIF), who took the highest administrative court in chambers parole, so that it suspend the order in question and slice, more generally, on the legality of the thirty antiburkini similar judgments adopted in other cities of France. On the other, Villeneuve-Loubet lawyers.
It is Friday, August 26, at 15 hours, the State Council will make its decision. A long-awaited decision, which will jurisprudence
She will answer an essential question. Whether the order, which undermines, in fact, a fundamental freedom – religious freedom – is proportionate to the risks to public order. The Nice Administrative Court, which dismissed the request of LDH and CFIC August 22, invoked the “context” of the Nice bombing July 14 and that of the assassination of Saint-Étienne-du-priest Rouvray July 26, “which directly targeted the Christian religion” but also beachwear displaying “ostentatiously, religious beliefs might be construed as falling within this religious fundamentalism”.
“There is no denying that we are in a particular situation. But this invocation does justify limiting religious sign port? “Asks me Spinosi, who blames a judgment justified” preventive. ” “The administrative police measures are preventive measures. (…) The essence of these measures is to bring violations of freedoms “, argued his side the council of the town of Villeneuve-Loubet, François Pinatel, explaining the way the difficulty to” take on the role of the individual draconian “.
The order that sparks debate, prohibits access to swimming, from 15 June to 15 September inclusive, “everyone does not have a dress, respectful of morality and the principle of secularism. ” It is “improperly” it is called “arrested antiburkini” insists Me Spinosi. If we stick to these terms, it also concerns “cassock”, “in the habit religious.” It also recalls that the burkini (this outfit that covers the body except the face, hands and feet), contraction of “burqa” and “bikini” is “actually the equivalent of sailing adapted to the bathing”. “There is no difference between Burkini and sailing,” he continues. Veil, for now, is prohibited in public services, schools and colleges, but not in public areas. “Today is the sea and the beach. Tomorrow will be the street and all of the communal public space? “, He asked.
” Today, it is the sea and the beach. Tomorrow will be the street and all of the communal public space? “
The case therefore raises also the question of power of mayors to legislate on religious symbols in this space public. The LDH lawyer also recalls that in 1909, four years after the law of separation of church and state, the prohibition by common port vestments in the streets was retoquée by the Council State.
for the lawyer of the town of Villeneuve-Loubet, the writing may be debated “awkward” but it means “an ostensibly religious dress.” Citing a “heavily hit area by the attacks of July” and “absolute tense atmosphere,” Me Pinatel called the judges to “take into account the special situation of communes near Nice.”
to what the other party opposes the “danger of relativism.” “The solution will retain the Council of State must apply to both Nice Le Touquet (city also recently issued an order, Ed), for this season and next,” said Patrice Spinosi.