Thursday, September 1, 2016

The decree Nice anti-Burkini suspended for abuse of power by the court – Le Parisien

L ‘arrested anti-Burkini which was maintained at Nice despite the opinion of the State Council was suspended Thursday in turn by the administrative court of the city, saying it constituted an abuse of power in the absence of proven risks of disturbances to public order.
“in the absence of such risks, emotions and concerns arising from terrorist attacks, including one committed in Nice on July 14, are not sufficient to justify in law the contested prohibition, “estimated the administrative judges.
“The mayor could not, without exceeding its police powers, enact provisions that prohibit access to the beach and swimming as they are not based on proven risks of disturbances to public order or Moreover, on established violations of hygiene, decency or security of swimming “, they also added.
Wednesday, the lawyer for the city of Faÿ me Pauline had tried demonstrate that disturbances of public order were real, up talk of a “population (…) almost to the brink of civil war,” and evoking a multiplication of racist and belligerent on social networks.
Nice, who was assigned by the League of Human rights (LDH) and the Committee against Islamophobia (CCIF), is part of the thirty municipalities of the french coast, mainly municipalities governed by the right on the French Riviera, which have banned the Muslim full swimsuit, deemed provocative and proselyte.
at least 30 fines were issued in Nice under the order. A similar stop, taken by the town of Villeneuve-Loubet, was deemed contrary to the fundamental freedoms by the State Council.
Several mayors have however chosen to maintain their orders despite the decision of the highest administrative court, calling for some to change the law to Parliament or to amend the Constitution.
the court also pronounced on Thursday a “not proceed to judgment” for the town of Roquebrune-Cap-Martin, which had withdrawn its arrested earlier this week, and that of Menton which expired arrested Wednesday night.
counsel Menton, Me Fabrice Barbaro, had also quoted the racist feelings that develop in a part of the population in this border city cope with the influx of African migrants on the Italian side to justify the existence of disturbing public order.


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