The CGT, Solidaires, the Syndicat des Avocats de France, the Syndicat de la magistrature and the Association Droit au Logement have filed new applications before the Council of State against a decree establishing "a regime of authorization to demonstrate", have they estimated Friday in a statement. The Council of State has already lifted on June 13 the ban on assemblies of more than ten people, imposed within the framework of the state of health emergency, thus restoring the freedom to demonstrate, in compliance with "barrier measures" .
New procedures, contained in a decree dated June 14, provide that event organizers send the prefect of the department a "declaration", which "takes the place of a request for authorization". The unions denounce this "unprecedented authorization scheme". "In less than two days, without debate, without voting, without consultation, the government has built from scratch and imposed a regime that will upset decades of freedom," they write.
"No added value for the prevention of health risks"
"The government cannot decide alone the framework in which fundamental freedoms are exercised," they add, warning that they "will not ask for authorization to express (their) ideas, (their) opinions, (their) claims ”. The applications were filed on June 17. This is a suspension proceeding and an action for annulment.
The lawyers consider that the authorization has "no added value for the prevention of the health risks inherent in an event", in particular because "the declaration regime already encourages the organizers to take all due diligence to ensure the smooth running of the demonstration and to bring them to the attention of the administration ”. For them, the establishment of an authorization system "which clearly does not meet any need generates at best a misunderstanding, and at worst the feeling that the measure pursues another purpose, to which the interest would not be foreign for the public authorities to delay the expression of social movements ”.
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The unions are also attacking article 3 of the decree of May 31 prescribing the general measures necessary to deal with the epidemic in the context of the state of health emergency. He specifies that "no event bringing together more than 5,000 people can take place on the territory of the Republic until August 31, 2020". The measure "is not suitable, since it is impossible to determine in advance whether an event planned for a few thousand participants will bring together more than 5,000 people". This article "seriously disregards the right to collective expression of ideas and opinions, the right to demonstrate, freedom of association", they add.
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