Title: Pro-Palestinian demonstrations in France: between bans and freedom of expression
Introduction :
Pro-Palestinian demonstrations have recently sparked heated debates in France, with bans announced by the Minister of the Interior, Gérald Darmanin. However, the Council of State came to remind us that only the assessment of the prefects could justify the ban on these gatherings. In this article, we will return to this news which highlights the tensions between respect for public order and freedom of expression.
Systematic bans called into question:
Following the deadly attack in Israel perpetrated by Hamas, the Minister of the Interior issued a ban on pro-Palestinian demonstrations, arguing that they were likely to generate disturbances to public order. However, the Council of State recalled that this ban must be based on a local assessment of the risk of disturbances to public order by the prefects. Thus, no ban can be based solely on ministerial instructions.
The clarification of the minister’s intention:
Despite this questioning, the Council of State emphasizes that the Minister of the Interior has clarified his intention to remind the prefects that it is their responsibility to prohibit demonstrations of support for the Palestinian cause which justify or promote terrorist acts. committed by Hamas. Thus, demonstrations aimed at directly or indirectly supporting Hamas or justifying the abuses of this group can lead to disturbances to public order.
A victory for freedom of expression:
The decision of the Council of State can be seen as a disavowal for the Ministry of the Interior, which demonstrated an approximate wording of its ban instruction. Lawyers for the Palestine Action Committee welcomed this decision, stressing that no systematic ban is possible on the basis of this instruction. Freedom of expression and demonstration have thus been preserved, even if the Council of State recalls the need to take into account the risks of disturbances to public order in pro-Palestinian demonstrations linked to Hamas.
Conclusion :
The affair of the pro-Palestinian demonstrations in France highlights the tensions between respect for public order and freedom of expression. If the Council of State recalled that bans must be based on a local assessment by prefects, it also underlined the need to take into account the risks of disturbances to public order in pro-Palestinian demonstrations linked to Hamas. This decision constitutes a victory for freedom of expression, while recalling the importance of guaranteeing public safety during these gatherings.