the Council of State denounces “attacks” against the independence of justice

The collective Les Hijabeuses pose with a banner: “#football for all” before playing football in the Luxembourg garden in front of the French Senate in Paris, on January 26, 2022, in protest after the senators voted last week in favor of banning the wearing of religious symbols during events and competitions organized by sports federations. BERTRAND GUAY / AFP

The Council of State denounced Wednesday, June 28 ” the attacks “ against the independence of justice after the avalanche of political reactions following the examination of an appeal concerning the wearing of the hijab in women’s football. The public rapporteur of the high administrative court has come out in favor of the rights of female players.

In a rare fine-tuning, by way of a communicatedthe state Council “denounces with the greatest firmness the attacks aimed at the administrative jurisdiction and in particular the public rapporteur”. These follow the holding of a hearing on Monday before the highest administrative court, which examined an appeal by the collective Les Hijabeuses against the French Football Federation (FFF), which prohibits them from playing with the hijab during competitions.

During the hearing, the public rapporteur, who speaks the law and whose opinion is generally followed, recommended the cancellation of article 1 of the FFF regulations, which has prohibited since 2016 “any wearing of a sign or outfit ostensibly manifesting a political, philosophical, religious or trade union affiliation”and requested that the Federation amend its rules.

There is neither “proselytism” neither ” provocation “ in the sole wearing of the hijab, and no “requirement of neutrality” for the players dismissed from the FFF, said the public rapporteur, however issuing a caveat for the players of the France team, who represent ” the nation “.

Critics of the right and far right

This recommendation triggered a wave of criticism, first from the Minister of the Interior, Gérald Darmanin, then from the right and the extreme right as a whole, which asked that the government consider legislating on the issue if the Council of State were to follow the public rapporteur.

In its press release, the Council of State recalls that the role of the public rapporteur “is to expose publicly, and in complete independence, its analysis of the questions raised by the case under consideration, and to propose a legal solution, in order to enlighten the formation of judgment, which alone rules on the dispute”.

“Questioning the operation” administrative justice, “it is an attack on an essential institution for democracy”underlines the Council of State, which “reserves the right to take legal action in the event of insult, defamation, incitement to hatred, or threat”. Her decision on wearing the hijab in women’s football is due on Thursday.

The World with AFP