A judicial decision in Rennes on October 3 suspended an order issued by the prefect of Finistère, Louis Le Franc, which had banned gatherings near five private schools in Brest. The order, issued on October 1, prohibited all gatherings near the private schools under contract with the Red Cross, Javouhay, Sainte-Anne, Charles de Foucauld, and Fénelon, effective from October 2 and until the resumption of in-person classes. The order carried a potential six-month prison sentence and a 7,500 euro fine for organizers, and a fourth-class contravention of 750 euros for participants, according to the CGT, a major French trade union.
The prefecture justified the measure by citing a "contextual exception," including damage to access grilles and persistent smoke after a fire linked to demonstrations at Javouhay High School on October 1; the layout of the Red Cross High School, which also hosts primary school students; calls for gatherings on social media; and heavily strained security forces. The prefecture concluded there was an "established risk of public disorder." The CGT Education Private sector noted that mobilization was strong in these private schools on Friday, with some public schools and all private schools closed on October 2 and scheduled to remain closed on October 5.
A request for judicial review was filed on October 2 based on Article L. 521-2 of the Administrative Justice Code. The request came from the Syndicat des avocats de France, the League for Human Rights, the CGT Private Education, SUNDEP-Solidaires, several Force Ouvrière unions, and the CGT Éduc'action. The petitioners argued the measure violated the rights of movement, assembly, and demonstration. The hearing took place on October 3 at 2:40 PM, and the judge rendered his decision the same day.
In his ruling, the judge emphasized that the freedom to demonstrate or assemble is "a condition of democracy." Restrictions on these freedoms for public order reasons must be "necessary, appropriate, and proportionate." However, the order prohibited all gatherings "without specifying their nature," "without specifying the perimeter of the prohibition," and "for an indeterminate period." The judge concluded that the order constituted "a general and absolute prohibition that does not appear necessary or proportionate to the preservation of public order."
The implementation of Article 1 of the order is suspended. The state will pay 1,500 euros to the petitioners, who had requested 3,000 euros; the rest of the request was rejected. The CGT welcomed the decision, stating in a statement that "mobilizing is a right, not a crime" and asserting that "supporting young people is also concretely defending their democratic freedoms." The CGT announced it would continue to defend these freedoms wherever they are threatened and noted that other judicial reviews have been filed.
Judicial Suspension of Ban on Protests Near Brest Schools
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