Title: Pro-Palestinian gatherings: the Council of State opposes the systematic ban
Introduction :
In a recent decision, the French Council of State ruled in favor of pro-Palestinian demonstrators by opposing the systematic ban on their gatherings. This decision, which sparked contrasting reactions, underlines the need for prefects to locally assess the risks of disturbances to public order before deciding to ban a demonstration. This article looks at this decision and its impact on freedom of expression in France.
Analysis of the decision of the Council of State:
The Council of State recently issued an important decision regarding the systematic ban on pro-Palestinian gatherings. In response to a request from the Palestine Action Committee association, the highest French administrative court recalled that it was up to the prefects to locally assess the risks of disturbances to public order before taking a ban decision. No ban can therefore be based solely on a ministerial telegram or on the fact that the demonstration aims to support the Palestinian population. However, the Council of State stressed that demonstrations aimed at supporting Hamas or justifying terrorist abuses are likely to lead to disturbances of public order.
Reactions and implications:
This decision by the Council of State sparked contrasting reactions. For the Palestine Action Committee association, this is a complete repudiation for the Ministry of the Interior, which had given instructions to systematically ban pro-Palestinian gatherings. According to them, this decision confirms that the ministry has exceeded its prerogatives and cannot restrict freedom of demonstration and expression in an arbitrary manner. However, some critics say the move weakens the government’s ability to maintain public order and prevent possible unrest during these protests.
The Council of State’s decision also raises questions about the right to freedom of expression in France. Some believe that this decision strengthens this right by recalling that a ban can only be based on legitimate grounds and after a precise assessment of the risks. Others, on the other hand, consider that this decision opens the door to the abusive use of freedom of expression, by allowing the holding of demonstrations which could incite violence or justify terrorist acts.
Conclusion :
The decision of the French Council of State to oppose the systematic ban on pro-Palestinian gatherings highlights the issues linked to freedom of expression and the prevention of disturbances to public order. This decision reminds us that prefects must assess the risks locally before making a ban decision.. However, it arouses contrasting reactions, between those who see in it a reinforced protection of the right to freedom of expression and those who fear an abusive use of this right. It remains to be seen what consequences this decision will have on pro-Palestinian gatherings in the future and how the French government will adapt its policy in this area.