The Administrative Court considers that the prohibition was “necessary, appropriate and proportionate.”
New episode in the controversy “burkini” became legal battle. Nice Administrative Court rejected on Monday the appeal of the League of Human Rights (LDH) and the Collective against Islamophobia in France (CCIF) against the order of Villeneuve-Loubet (Alpes-Maritimes) until September 15, which prohibits the burkini on its beaches.
this decision confirms the judgment made by the judge of the same court on August 13, following an appeal against an order made by the city of Cannes on 28 July, the first city to ban burkini on the beaches this summer. The decision was highly anticipated as the burkini, a swimming attire covering the body and head, is at the heart of controversy, and the number of councils banning multiplies on the French Riviera, Corsica or the North.
last Friday, while the court was considering the request of LDH and CFIC is the Nice city hall which outlawed in turn burkini. According to the decree, which presents the same arguments as the other municipalities, wearing a “beachwear ostentatiously manifesting a religious affiliation while France and places of religious worship are now the target of terrorist acts, is likely to create risks of disturbances to public order it is necessary to prevent it. “
” This is confirmation that the decree limits nothing fundamental freedoms and religious freedom, he added. It is not by banning the garment that we infringe freedoms “
In its decision, the Nice court is fully in the direction of Commons. Recalling the Islamist attacks this summer, including the Nice July 14, he believes that wearing clothing that displays on the beaches “ostentatiously religious beliefs” is likely to be “perceived by some as a defiance or provocation exacerbating tensions felt by the population “and that the ban was” necessary, appropriate and proportionate “to avoid disturbances to public order.
Mr Olivier Suares, defending the town, welcomes the decision of the court, “who gets our arguments and almost goes beyond our expectations.” “This is confirmation that the order does not restrict the fundamental freedoms and freedom of religion, t-adds he. It is not by banning the garment that we infringe freedoms. “
Meanwhile, the lawyer for the LDH, Patrice Spinosi, a critical decision” strongly influenced the political context ” and announced the seizure on appeal, “very quickly,” the State Council. To master Patrice Spinosi, orders prohibiting Burkini infringe a number of fundamental freedoms and may lead to serious abuses.
“The danger is strong that tomorrow the ban extended to other signs of religiosity, like the veil, for example, he explains. Using the precedent of Burkini, mayors could ban headscarves in public transport or on the street, calling, too, of possible disturbances of public order. “Today, only the full veil is prohibited by French law for concealing the face, unlike the simple veil and burkini, which covers the body and head of the woman.
the State Council had before it a call about it following the rejection by the Nice court of first appeal against the order of Cannes. “Since the court decision is very motivated, the State Council will have limited room for maneuver, for its part wants to believe master Olivier Suares. If he wants to oppose the decision, it will oppose frontally, that is possible. Anything is possible. “The decision of the State Council, which should be made in the coming days, will set the case law at national level.