The State Council, seized by the League of Human Rights (LDH) and the Committee against Islamophobia in France (CCIF), spoke on Friday 26th August against the decree “anti-burkini” Villeneuve-Loubet (Alpes-Maritimes). The order of the Nice Administrative Court which had confirmed on August 22, and is offset by the highest French administrative court. The execution of the order is suspended. In this county, wear religious dress at the beach is no longer prohibited.
The precise order of the State Council in particular that “ the disputed decree ( …) paid serious and manifestly illegal infringement of fundamental freedoms such as freedom to come and go, freedom of conscience and personal freedom. ”
“Read below the full order of the State Council
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A decision that case law
the decision of the State Council concerning the order of Villeneuve -Loubet aims to be a leading case, so it will be authoritative for all administrative courts of France, where some thirty municipalities have banned the wearing of uniforms “conspicuously manifest religious affiliation when swimming and the beaches “.
This decision ” will aim to jurisprudence “, welcomed M th Patrice Spinosi, counsel LDH, which had seized the Council of State. This means that the mayors will have to raise themselves orders or that they be suspended by local jurisdictions. “Yes, there is a disproportionate interference with freedom of religion and the mayor had no power to restrict this freedom” , he said.
“the measure is suspended, so the police can not verbalize” , reacted to the hot Nice lawyer of the town of Villeneuve-Loubet, M th Olivier Suares, with Agence France-Presse. Women who have been fined “can if they want to challenge their verbalization, since the foundation of this verbalization was manifestly contrary to fundamental freedoms” adds M th Spinosi.
Read also: Republic “winning” or “submission”: left and right tear on the suspension of the decree “anti-burkini”
Limitation of police powers of mayors
“If the mayor is responsible (…) of maintaining order in the town, it must reconcile the fulfillment of its mission with respect for freedoms guaranteed by the laws “ writes the State Council. In practice, the State Council therefore chose to limit the scope of the police power of the mayors, who can regulate access to public space because of a holding considered manifesting religious affiliation.
A stop unjustified in Villeneuve-Loubet
The State Council repeatedly emphasized that restricting access to beaches could be justified only if “known risks” to public order and to ensure “good access shore, safe bathing and hygiene and decency. ” He thus refuted, point by point, the arguments raised by the Nice Administrative Court
An important aspect of the judgment of the Nice Administrative Court is particularly challenged. “context” of the terrorist attacks that justified, the court, the order of Villeneuve-Loubet. On this point, the Council replied that Status “emotion and concerns arising from terrorist attacks, including those committed in Nice on July 14, will not suffice to justify in law the contested prohibition “.
live controversy in France and abroad
thirty of municipalities had followed suit to the cities of Cannes and Villeneuve-Loubet to ban on their beaches outfits that are viewed as manifesting conspicuously religious affiliation. Nice Administrative Court also agreed with the Mayor of Cannes, on 13 August, the first town to have submitted an order like this, on 28 July.
The proliferation of decrees against religious clothing the beach has caused great controversy, fueled by stories and images of women verbalized so they were not wearing the famous “burkini” but they were dressed and wearing a scarf on the beach. A series of photographs taken on the nice beach of a woman flanked by four police officers went around the world Wednesday, August 24
Read also:. Indignation at photos of a woman Nice veiled controlled on the beach
These orders have outraged the international press and provoked debate in French political class and to the government. Wednesday, August 24, the interior minister, Bernard Cazeneuve, called to prevent the orders only lead to “stigma” . The Prime Minister, Manuel Valls, repeated Thursday on RMC that he supported the decision of mayors, holding that verbalisations erected in the municipalities concerned were not a “drift” .
the same day on Europe 1, the Minister of education, Najat Vallaud-Belkacem, criticized the “proliferation” orders. On the right, the former president Nicolas Sarkozy said in an interview with the Le Figaro “wear a burkini is a political act, militant, provocative. Women who carry the test the resistance of the Republic “
Read also.” Burkini “Manuel Valls disclaims Najat Vallaud-Belkacem