Israel-Hamas war: what does the law say about displaying the Israeli flag on town halls in France?

War in Ukraine, the Middle East, Armenia… In support of one cause or another, certain town halls or regional councils display foreign flags on their facades. At the cost, sometimes, of controversy. In recent years, controversies have increased after the display of certain emblems on the facades of public buildings. Latest: the Nice association From Nice to Gaza filed an appeal before the administrative court to request the removal of the Israeli flag from the facade of Nice town hall. Christian Estrosi refuses. So what is the rule on this matter?

The elected official can take local initiatives

No legislative or regulatory text sets a general obligation concerning the rules for ornamentation – this is what we call flagging – of public buildings in France. Republican custom dictates that only the national flag permanently adorns public buildings. However, temporary instructions may be established by the government during public ceremonies.

The tricolor flag is therefore obligatory on the occasion of national commemorations. Foreign flags may be required when receiving foreign heads of state. A half-masting instruction can also be issued during official mourning.

Furthermore, a mayor or regional president can take the initiative to temporarily add other flags. These may be foreign flags in the context of war or international events, the European flag, regional, departmental or NGO flags, etc.

The principle of neutrality of public services

Due to the principle of neutrality of public services, posting must not have a political aim. However, it is tolerated for flags to be raised as part of demonstrations of solidarity in line with France’s international commitments, with a humanitarian, pacifist or tolerance message.

It is because of this compliance with France’s international commitments that town halls were able to legally display the Ukrainian flag on their facade. Administrative jurisprudence has, moreover, already accepted the presence of the LGBT flag on the basis of the fight against discrimination prohibited by law. Please note that these signs of support must remain temporary.

In its appeal before the administrative court, it is this principle of neutrality that the Nice association invokes to request the removal of the Israeli flag from the facade of the Town Hall, denouncing a “extended display” – since October 8. It is now justice that will have to decide.

The regulations concerning educational establishments differ from those of public buildings. Since the Peillon law of 2013, schools, colleges and high schools, whether public or private under contract, are required to display the national tricolor flag and the European flag. Non-public buildings can be freely decorated.

The order of the flags

The presence of other flags must always be accompanied by the national tricolor flag which must appear in the place of honor. This place varies depending on the number of flags hoisted on the building. There is an order of precedence of flags, classified by rank, with the first rank being the place of honor.

• 1st row: place of honor, necessarily for the French flag
• 2nd row: flag of foreign states
• 3rd row: flag of the European Union
• 4th row: regional flags
• 5th row: departmental flags
• 6th row: municipal flags
• 7th row: NGO flags
• 8th row: flags of historical provinces

If two flags are raised, the place of honor is on the right when looking at the building, it is reserved for the tricolor national flag.

If three flags are raised, the place of honor is located in the center. The second place being the one on the left and the third place being the one to the right of the flag of honor from the observer’s point of view.

If the display includes more than three flags, they must be placed in order of rank, from left to right. If several flags belong to the same rank, it is customary to arrange them alphabetically according to their name in their original language – for example, Brazil (Brasil) then Germany (Deutschland). The place of honor in a system with more than three flags is the first in the line. The French flag must therefore be placed on the far left, from the observer’s point of view.

The European flag soon to be compulsory?

The flag in the colors of the European Union may be associated with the national flag on the facades of public buildings, provided that it is the European flag adopted in 1955 by the Council of Europe: twelve stars on a field of view. azure.

It must be hoisted on the occasion of Europe Day, May 9. In May 2023, a majority bill was adopted in the National Assembly to make it compulsory to display the European flag on the facades of town halls, in municipalities with more than 1,500 inhabitants. The text must be examined again in the Senate for possible adoption and promulgation.