The Council of State lifted Saturday June 13 the ban on assemblies of more than ten people, imposed in the context of the state of health emergency, restoring the freedom to demonstrate, in compliance with "barrier measures".

This decision comes when thousands of people demonstrated Saturday in France against racism and police violence. In Paris, the march, not authorized by the prefecture, was blocked at its starting point and tensions erupted, the crowd booing the police.

Recalling that "the freedom to demonstrate is a fundamental freedom", the judge of summary proceedings of the Council of State "considers that the ban on demonstrations is not justified by the current health situation when the 'barrier measures' can be respected" .

>> Read also: Jacques Toubon: "The state of emergency and its exceptional provisions must be temporary"

The administrative judge therefore affirms that a ban could only be justified "when these barrier measures cannot be respected or when the event risks bringing together more than 5000 people", a number fixed within the framework of the state of health emergency.

"It is a great victory. The Council of State guarantees the freedom to demonstrate," reacted to AFP Patrice Spinosi, lawyer for the League for Human Rights (LDH), requesting alongside the CGT and the Syndicat de la magistrature.

A measure deemed late by the LDH

"There was no reason why the freedom to demonstrate should be treated less well than the freedom of worship. We can just regret that this came so late," he added, adding that the LDH had seized the Council of State in emergency "a fortnight ago".

For the League, the provisions currently in force reduced "to nothing the fundamental freedom of demonstration", which constitutes "one of the most essential democratic guarantees". 

She had defended the possibility of demonstrating "in complete safety" and with respect for barrier gestures, affirming that if the authorities were "in a position to proceed to the verbalization of people participating in demonstrations, (...) they could also proceed to verbalizations if certain demonstrators ignore the barrier gestures ".

Protests previously tolerated 

Tuesday, despite the ban then in force, a few thousand people gathered in Paris in memory of Georges Floyd, this African-American killed by a white police officer in Minneapolis. But a few hours before, the Minister of the Interior Christophe Castaner had explained that although prohibited, this demonstration would be tolerated and would not give rise to "sanctions". "This is an absurd situation," denounced Mr. Spinosi.

The administrative judge made a point of specifying that "in accordance with the law", any demonstration on the public highway must "be the subject of a prior declaration" and could be prohibited by the police authorities or the prefect, "if they consider that it is likely to disturb public order, including for health reasons, or when local circumstances require it ".

With AFP

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