Covid-19: for the Council of State, the closure of places of worship in France is "disproportionate"

The closure of places of worship in France is "disproportionate", according to the Council of State. The highest French administrative court ordered, Monday, May 18, the government to lift the "general and absolute" ban on assembly in places of worship, decided within the framework of the state of health emergency to face the Covid-19 pandemic. 

Seized in interim proceedings by several associations and individual applicants, the highest administrative court considered in an order that this prohibition was "a serious and manifestly unlawful attack" on freedom of worship and urged the government to lift it "within eight days".

The decree issued by Prime Minister Édouard Philippe on May 11, as part of the deconfinement in the midst of a coronavirus pandemic, prohibits any gathering or meeting within worship establishments, with the exception of funeral ceremonies, which are limited to twenty people. .

The decree must be modified

In his order issued Monday, the judge in summary proceedings observes that "less strict supervision measures (…) are possible", like "the tolerance of gatherings of less than 10 people in other places open to the public ", admitted in this same decree, reports the Council of State in a press release.

It therefore considers that "the general and absolute prohibition is disproportionate" and "thus constitutes, having regard to the essential nature of this component of freedom of worship, a serious and manifestly unlawful interference with it", emphasizes the Conseil d 'State.

The Prime Minister must therefore modify his decree "by taking measures strictly proportionate to the health risks incurred and appropriate to the circumstances of time and place applicable at the start of this 'deconfinement', to supervise gatherings and meetings in worship establishments". 

Part of the right rejoices 

This decision is "good news for freedom of worship, which is a fundamental right," tweeted Bruno Retailleau, president of the group Les Républicains au Sénat.

The decision of the Council of State to order the lifting of the ban on assembly in places of worship is good news for freedom of worship which is a fundamental right.

"Very satisfied with the outcome of the interim release," rejoiced the chairman of the Christian Democratic Party, Jean-Frédéric Poisson, who was one of the applicants. He then asked the government not to "play the clock for his execution".

#LibertedeCulte restored. The Council of State has just ordered the government to lift the general and absolute ban on meeting in places of worship @ le_pcd @ jfpoisson78 @Eglisecatho so we will be able to celebrate the great feast of the Ascension Thursday with masses.

With AFP and Reuters

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