It is the first time in France that a “secular referral”, a procedure which accompanies the law against separatism of 2021, was examined by an administrative court this Wednesday in Grenoble. It is indeed by this referral used against “a decision that seriously undermines the principles of secularism and neutrality of public services“, that the Prefect of Isère, at the request of the Minister of the Interior Gérard Darmanin, had decided to attack the deliberation of the Grenoble municipal council in the so-called “burkini” affair. On May 16, a short Grenoble majority has indeed approved a modification of the swimming pool regulations which allows bathing in a covering, tight-fitting outfit, possibly with a “floating” element not to exceed mid-thigh – in this case the skirts of the burkinis – and it is precisely this article that the Grenoble TA is targeting in its decision.
Suspension of article 10 of the swimming pool regulations
The Court of Grenoble decides to suspend the execution of article 10 of the swimming pool regulations. The court considers “that by allowing users of the municipal public service of the swimming pools of Grenoble to wear outfits “not close to the body”, on the sole condition that they are shorter than mid-thigh – as is the case in particular with the burkini -, i.e. by derogating from the general rule of obligation to wear close-fitting outfits to allow certain users to free themselves from this rule for religious purposes, the authors of the deliberation approving the new regulations swimming pools have seriously undermined the principle of public service neutrality“There is a good chance that the debate, especially since it is the first of its kind, will be extended before the Council of State.
In the meantime, the Minister of the Interior Gérald Darmanin, who had asked the prefect of Isère to seize the court, greeted on the social network Twitter “great news”. In another message, he indicates that “The state will continue to fight all promotions of communitarianism. I make the commitment.”
General interest versus individual freedom
During the hearing this Wednesday afternoon, Pascale Leglise – director of public freedoms and legal affairs at the Ministry of the Interior, who came to support the court’s referral from the Prefect of Isère – estimated that he was was a settlement adopted under minority pressure”extremist“carried by”religious beliefs and aggressive“.”We are not talking here about religious freedom but about the functioning of a public service.“, which cannot be adapted simply”to satisfy a religious claim“. The new swimming pool regulations in Grenoble are in no way, for Pascale Leglise, a decision of general interest, “including within the Muslim religion itself since a large majority of Muslim women bathe in public swimming pools without any concern“. The Grenoble decision is, she adds, “electoral aim” and likely to cause public disorder.
“I don’t even know what to say to that“, replied in audience Me Aude Evin for the town hall of Grenoble. “Let’s stay in the right“. For the Parisian lawyer, the principle of public service neutrality applies to those who make it work”but not to users“. In the public space, what prevails is the freedom of opinion, of religion, as long as it does not threaten other principles such as public order. But there is “no proven risk of disturbing public order. Nothing has been reported in the swimming pools where swimming in a burkini is already authorized, as in Rennes“. For the lawyer for the city of Grenoble, the Grenoble decision simply allows “to swim in the outfit you want“as long as it respects the rules of hygiene”health and sports code“. The Administrative Court of Grenoble has therefore decided to find him wrong, in any case concerning Article 10 of the regulations.