The Council of State decided, Thursday, June 29, to confirm the status quo by maintaining the ban on the Islamic veil in competitions organized by the French Football Federation (FFF). He therefore did not grant the appeal of the group of “hidjabeuses”, bringing together several football players licensed with the FFF and claiming the right to wear their veil during matches organized by the federation. The “hidjabeuses” are supported by the association Citizen Alliance, which campaigns, among other things, for the authorization of the burkini in municipal swimming pools, as well as by the League of Human Rights (LDH), which had filed an appeal asking for the repeal of the first article of the FFF prohibiting any ostentatious religious sign and any proselytism during its competitions.
If it is not surprising on the merits, the decision of the Council of State is by its timing. It comes just three days after the presentation of the conclusions of its public rapporteur, who had spoken out in favor of the authorization of the veil during competitions – except for players selected for the national team -, on the grounds that the neutrality of public services applies. to the agents, and therefore to the employees of the FFF, and not to the users, who fully enjoy the freedoms of belief, worship and expression.
The opinion of the public rapporteur, which is generally followed by the Council of State, was therefore reversed by the administrative judge. The argument of the public rapporteur had sparked a wave of protests and threats on social networks from the right and far right. So much so that the Council of State had published, on Wednesday, a press release denouncing “with the greatest firmness of the attacks aimed at the administrative jurisdiction and in particular the public rapporteur, following the hearing of June 26, during which a case relating to wearing during football competitions was examined, any sign or outfit ostensibly manifesting political, philosophical, religious or trade union affiliation.
Read also: Article reserved for our subscribers “Hijabeuses”: the public rapporteur of the Council of State comes out in favor of the authorization of the veil in football competitions
Without prejudging a possible political will to put an end to the controversy, the speed shown by the Council of State demonstrates a desire not to allow the debate to rot on a highly controversial subject in French society. A year ago, the Council of State refused to change the rules of procedure for Grenoble swimming pools authorizing the burkini, arguing that it violated equal treatment between users, and therefore the principle of neutrality of the public service. . On the other hand, he had authorized it on public beaches, explaining that a ban could only be justified by “the maintenance of public order” and had to be “proportionate, taking into account the infringement it causes to public freedoms”.
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