The day after the “casserolade” which welcomed Emmanuel Macron during his visit to Alsace, an order from the Hérault prefecture banned any “portable sound device” Thursday in Ganges, but it is not a “anti-pans decree”, according to Gérald Darmanin.
These are images that have gone around the web: demonstrators were unable to enter downtown Ganges, where Emmanuel Macron was, with pans. The police stopped them when they searched their bags. LCI captured this exchange between a woman and a gendarme.
Pans prohibited by the gendarmerie at the entrance to the village of #Ganges visited by Emmanuel Macron. The proof in pictures.
Since then, the Elysee assures that the gendarmes “have been zealous and that the prefect has passed the instruction to let the pans in”. pic.twitter.com/iY2XfJG0jh
— Paul Larrouturou (@PaulLarrouturou) April 20, 2023
Does a prefectural decree really say that saucepans are prohibited? No, it’s not really written like that. We consulted the prefectural decree in question. It established a protective perimeter for the visit of the President of the Republic. And within this scope, pans are not directly mentioned. However, it was forbidden to use “portable sound devices”.
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The Hérault prefecture, which we contacted, assures us that this concerns devices that amplify sound, such as megaphones or speakers. Gérald Darmanin, Minister of the Interior, affirms, Friday April 21, on franceinfo, that there was no “anti-pans decree”. However, according to specialists in public law, this rather vague formulation can also target any object that makes noise, which can be the case of a saucepan, as we have seen in recent days. Moreover, according to Serge Slama, professor of public law at the University of Grenoble-Alpes, this “prohibition only aims to prevent casseroles”.
An appeal filed
According to them, it all depends on how law enforcement in the field interprets the precise meaning of a “portable sound device”. What is certain is that on Thursday morning, in Ganges, saucepans were indeed seized, but because of “a bad interpretation of the gendarmes”according to Gérald Darmanin.
Was this edge legal? Maybe not according to Serge Slama: “To be legal, administrative police measures must be appropriate, necessary and proportionate. In certain circumstances, a ban on sound devices may be justified on the grounds of disturbing public order, he explains to franceinfo. This would apply to events like a concert or a funeral ceremony. But such a ban is not suited to the circumstances of Emmanuel Macron’s visit. There is really a diversion of the legal device aimed at protecting the Head of State from symbolic and sound protests of a political type”, according to Serge Slama.
However, only the administrative court can say whether it is legal or not. An appeal was filed Thursday by two associations (including the League of Human Rights) against this decree. The court has 48 hours to render its decision, but it will be too late. Moreover, the specialists with whom franceinfo has exchanged all regret the often late publication of prefectural decrees. They are published only a few hours before a presidential visit or a demonstration, which is often too short to dispute them: by the time the court decides, the event is, most of the time, ending or already finished. However, that did not prevent Thursday Emmanuel Macron from hearing pans during his trip because some demonstrators were finally able to pass and make noise.