Barely published, immediately cancelled. The administrative court of Paris on Saturday canceled an order of the prefect of police Laurent Nuñez. Published the day before, it prohibited demonstrations from Saturday April 1 at 5 p.m. to Sunday April 2 at 3 a.m., in several sectors of Paris close to places of power, or having been in recent weeks the site of clashes between demonstrators and law enforcement.
It also prohibited, near and within demonstrations, the wearing of pyrotechnic devices, dangerous substances or “protective equipment intended to defeat” the maintenance of order.
What did the justice say?
The administrative court found these two bans disproportionate. In his order, he points out that several demonstrations declared on Saturday in Paris went smoothly. “In addition, the representative of the prefect of police acknowledged at the hearing that no call for violence for this evening of April 1 was brought to the attention of the prefecture of police. Under these conditions, the general prohibition enacted by article 1 of the decree concerning processions, parades and gatherings, does not appear either necessary or proportionate to the preservation of public order. »
And the ban on wearing protective equipment “does not seem necessary to safeguard public order either. “Finally, the decree of the prefect of police “carries a manifestly illegal attack on the freedom to demonstrate”, concludes the court to justify this suspension.
Who filed the appeal?
The court was seized urgently by the League of Human Rights, the Syndicate of Lawyers of France, the Syndicate of the Judiciary and Solidaires. In recent days, the police headquarters has multiplied orders prohibiting undeclared demonstrations in several sectors of the capital. They are published discreetly. “On the sly, without anyone being informed,” denounce associations and unions. The one prohibiting “undeclared gatherings” between last Monday 5 p.m. and Tuesday 3 a.m. was for example published… at 5.30 p.m.
Now well-established, the organizations have preceded the government: “As the prefecture has fun posting its protest ban orders as late as possible to render the appeal before the administrative court ineffective, we anticipate: interim relief filed this afternoon against the very probable prohibition order for this evening”, explained the Syndicate of the Judiciary on Friday, on Twitter. The union was right.
By signing these decrees, Laurent Nuñez validated the line of Gérald Darmanin. On Tuesday, the Minister of the Interior had asserted, wrongly, that “being in an undeclared demonstration is a crime, [qui] deserves an arraignment.” The next day, the Council of State deplored the “erroneous nature” of these remarks. Indeed, “neither article R. 644-1 of the Penal Code, nor any other legal or regulatory provision criminalizes the sole fact of participating in an undeclared demonstration”, had ruled the Court of Cassation in June 2022.
What are the reactions?
The unions and associations that filed the appeal were pleased with their victory. “Suspension of the prefectural decree prohibiting demonstrations!! And it’s not an (April) fool, ”rejoiced the Syndicate of Lawyers of France.
“The administrative court agreed with us, a first victory for the freedom to demonstrate! also noted the League of Human Rights.
Danielle Simonnet, MP (LFI) for Paris, sees in this decision a failure of the executive and the prefect of police. “Victory for public freedoms, snub for Darmanin and his prefect Laurent Nuñez”, she applauded on Twitter.
Invited this Sunday to react, the Minister of the Interior refused to see it as a “snub”. “The prefect of police is trying in a difficult context to ensure respect for property and people in Paris,” said Gérald Darmanin on the set of the Grand Rendez-vous. “We are obviously Democrats and Republicans and we accept court decisions. The court allows these demonstrations, we will organize them. »