France: the Council of State considers illegal the technique of "traps" during demonstrations

The Council of State canceled this Thursday several key provisions of the national law enforcement plan published in 2020. BERTRAND GUAY / AFP

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The Council of State canceled this Thursday several key provisions of the national law enforcement plan of September 16, 2020 carried by the Minister of the Interior Gerald Darmanin.

The high court thus considers the technique of the "trap" illegal during demonstrations.

In addition, journalists will not have to be accredited before an event, nor will they have to leave the premises at the end of the gathering. 

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The technique of the "trap", in other words the encirclement of demonstrators by the police, "

contravenes the freedom to come and go

", estimates the Council of State.  

Encircling the participants during a gathering also alters their freedom to demonstrate, abounds in the high administrative jurisdiction which therefore prohibits this technique. 

A setback for the Minister of the Interior Gérald Darmanin who carried out last September this new national plan of the maintenance of order supposed to adapt the management of the demonstrations in France.

Seized by several unions and associations, the courts therefore question several key points of these recent directives. 

No press accreditation

Another signal sent by the administrative body, concerning journalists: contrary to what the Interior Ministry requested, the press will not need to be accredited to attend a demonstration. 

More importantly, when the demonstrators disperse, journalists will not be required to leave the scene and will therefore be able to continue to work as close as possible to the action and report possible violence. 

The Council of State considers that journalists, with or without a press card, must be able to continue to exercise their information mission freely, including when a crowd is dispersed. 

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