Title: “The Council of State reaffirms the right to demonstrate in favor of Palestine”
Introduction :
The French Council of State rendered an important decision this Wednesday concerning the systematic ban on pro-Palestinian gatherings decided by the Minister of the Interior, Gérald Darmanin. The highest administrative court ruled that this ban could not be applied systematically and that it was up to the prefects to locally assess the risks of disturbances to public order. This decision marks a victory for defenders of the right to demonstrate in support of Palestine.
The minister’s telegram called into question:
On October 12, Gérald Darmanin sent a telegram to the prefects, ordering a ban on pro-Palestinian demonstrations, arguing that they were likely to generate disturbances to public order. However, the Council of State declared that this measure could not be based solely on this telegram or on simple support for the Palestinian population.
The prefects, the sole judges of the risks of disturbances to public order:
The decision of the Council of State recalls that it is up to the prefects to assess whether a demonstration presents a threat to public order. They must take into account the risks of unrest linked to terrorist acts or the justification of such abuses. Thus, no systematic ban can be based solely on the minister’s telegram.
An editorial clumsiness highlighted:
Vincent Brengarth, one of the lawyers for the Palestine Action Committee association, stressed that this decision marked a “complete disavowal for the Ministry of the Interior” and highlighted the “regrettable editorial clumsiness” of the telegram. He also specifies that this decision clearly recalls the limits of the ministry’s power and reaffirms the right to demonstrate.
Recognition of legitimate demonstrations:
The Council of State’s decision recognizes that pro-Palestinian demonstrations aimed at supporting the Palestinian population cannot be systematically banned. She emphasizes, however, that gatherings praising Hamas or justifying terrorist acts can lead to disturbances of public order.
Conclusion :
The decision of the French Council of State marks a victory for defenders of the right to demonstrate in favor of Palestine. This decision underlines the importance of respecting the discretionary power of prefects regarding the risks of disturbances to public order. It highlights the need to find a balance between respect for freedom of expression and the preservation of public order, avoiding systematic bans.