Join on WhatsApp
Join on Telegram
Stuttgart – The Council of State, France’s highest court, has suspended the burkini ban imposed by the municipality of Mandelieu-la-Napoule on its beaches, arguing that there was no evidence that the burkini posed risks to public order.
This ruling by the highest French administrative jurisdiction came following a legal challenge by the League of Human Rights (LDH), said a press release, emphasizing that prohibitions such as Mandelieu-la-Napoule’s burkini ban must be justified by a “current and proven risk to public order.”
The Council had already suspended similar bans in 2016.
The annual decree issued by the town hall of Mandelieu-la-Napoule in 2012 restricted access to swimming areas from June 15 to August 31, 2023.
Applying to individuals wearing attire deemed non-compliant with hygiene and safety regulations for public bathing, garments hindering movement during swimming or impeding rescue operations in case of drowning, and clothing capable of causing disturbances or violent confrontations, as witnessed in 2012 and 2016.
The Council of State concluded that this ban violated “three fundamental freedoms: freedom of movement, freedom of conscience, and personal freedom.” It noted that the municipality failed to cite any recent incidents to justify public order disturbances during the summer of 2023, only referring to events that occurred respectively seven and eleven years ago, as well as the general context of terrorist threats following the Nice attacks in 2016 and 2020.
Read also: French Muslims Have Much to Lose Ahead of 2022 Election
The defense argued that the ban was warranted due to a “general climate of tension,” highlighting recent riots in France. However, LDH’s lawyer, Patrice Spinosi, welcomed the Council of State’s decision, asserting that “the state of our law on the matter is clear: mayors are prohibited from banning religious symbols in public spaces.”
The Council of State also invalidated a ruling by the Administrative Court of Nice on July 3, which rejected LDH’s request for the suspension of the disputed decree and ordered the municipality to reimburse the LDH’s legal costs of €3,000.
The mayor of Mandelieu-la-Napoule responded to the decision by issuing a press release, stating that he acknowledged the Council of State’s ruling but expressed disappointment, claiming that the Republic had once again succumbed to “communitarianism and Islamism.”
