The Council of State suspended, Monday, July 6, the decree establishing a prior authorization for demonstration but maintained the prohibition of the gatherings of more than 5000 people in view of the health situation related to the epidemic of coronavirus.

The administrative judge, who was notably seized by several unions, considers that "there is a serious doubt" on the fact that this new procedure (of authorization), introduced in a decree of June 14, "does not carry a disproportionate attack freedom to demonstrate. "

On June 13, the Council of State had already suspended the general and absolute ban on demonstrations, which arose from the decree of May 31 prohibiting gatherings of more than ten people.

Prohibition for more than 5,000 people

Following this suspension, Prime Minister Édouard Philippe had, the following day, modified this decree to provide that this ban does not apply to demonstrations authorized by the prefect in compliance with "barrier measures".

But this decree had been attacked again by several unions and associations (CGT, Force Ouvrière, Solidaires, FSU, Unef, Syndicat des Avocats de France, Syndicat de la magistrature et Droit au Logement).

In his order, the judge in summary proceedings notes that in normal circumstances, demonstrations on the public highway are subject to "an obligation of declaration" with the authorities. The prefect can then "prohibit gatherings which risk disturbing public order, for example if he considers that the health precautions provided are insufficient".

The decree of June 14 "leads to reverse this logic, since any demonstration remains prohibited until the prefect has authorized it".

In addition, the decree does not provide for a time limit for the prefect to render a decision, which may prevent the organizers from seizing the judge in good time.

On the other hand, the judge considers that the ban on gatherings of more than 5,000 people, which remains unchanged in the decree of May 31, "remains justified in view of the health situation to date".

With AFP

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