The State Council lifts the ban to protest under 5,000 people without authorization

There have been many protests in France since containment exit started. Protests to support health caregivers, protests against racism and police violence, protests to support undocumented people… Every weekend, gatherings are held in France but illegally.

This Monday July 6, the State Council has suspended the ban to protest without prior authorization under 5,000 people. The highest jurisdiction in France has also – in light of the health situation – kept the ban of gatherings of over 5,000 people. The idea is of course “not to disproportionally harm the freedom of protest”.

It shall be reminded that the Health Emergency allowed it and the decree of May 31^st affirmed it again: “Any gathering, meeting or activity on the public road (…), having at the same time over ten people, is banned throughout the territory of the Republic”. Offenders may be fined €135.

Yet, as it was strict for associations protecting the human rights, the ban has been rejected by the State Council. Referred this Thursday by union trades and associations and the League for Human Rights (LDH), the high administrative jurisdiction has judged and ended the absolute ban of protesting on public roads.

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In its reports, the State Council recalls “the freedom of protesting or gathering is a condition of the democracy, and one of the guarantees of the respect of other rights and freedoms also part of the fundamental freedoms in the way of this article [naming the article L.521-2 of the Code of Administrative Justice] such as syndical freedom”.

Therefore, the State Council decided. For the President of the Court: “the ban of protests on the public road having at the same time over ten people can then – excluding special circumstances, be considered as strictly proportionated to the health risks now likely and proper to the circumstances of time and place” before adding “the ban of protesting can only be justified (…) when barrier gestures – one-meter distancing or wearing facemask – cannot be respected, or the event is likely to gather over 5,000 people”.

In other words, the police prefect cannot ban protests that shall gather under 5,000 people and protests with protestors wearing facemasks and keeping safety distances. For the record, this week, a bicycle-riding protest has been banned in Paris. According to this decision, it could have been legal.