The decision is sure to revive the political debate. The administrative court of Grenoble suspended, Wednesday, May 25, the provision voted by the town hall of Grenoble authorizing the wearing of the burkini in municipal swimming pools. The court considered that this measure carried “seriously undermining the principle of public service neutrality”.
Referred to by the Isère prefecture, under the “secularism referral” procedure, the administrative court therefore followed the request of the Ministry of the Interior. And this on a point of clothing detail, which the president had raised at the very end of the hearing.
The burkini “breaks free from common rules”
Jean-Paul Wyss had wondered about the exact constitution of the burkini, in particular on the floating part of this swimsuit. This remark raised the contradiction with the new regulation which recommends outfits in specific fabrics, ” near the body “. A contradiction that makes the court think that the burkini “frees itself from the common rules”.
“By allowing users of the municipal public service of the Grenoble swimming pools to wear “non-fitting” outfits, on the sole condition that they are shorter than mid-thigh – as is the case in particular with bathing called burkini -, that is to say 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, as it is also recognized in the writings of the municipality, the authors of the disputed deliberation have seriously undermined the principle of neutrality of public service “say the three administrative judges, in the order that The world was able to consult.
“While users of the public service can freely express, within the limits set by law, their religious affiliation, the provisions of Article 1is of the Constitution prohibit anyone from taking advantage of their beliefs to free themselves from the common rules organizing and ensuring the proper functioning of public services.estimates the administrative court of Grenoble.
The City now has fifteen days to appeal of the decision before the Council of State.
“Community demands” for the prefecture
Very controversial, the text, which de facto authorizes the wearing of the burkini – but also the anti-UV swimsuit for all as well as topless bathing for women – had been adopted by a narrow majority, and was to come into force on 1is June. Some allies of the environmental mayor Eric Piolle have disassociated themselves from the project, against the backdrop of a national political storm.
The prefect explained that he had received instructions from the Minister of the Interior, Gérald Darmanin, relating to the seizure of the court in the event of the adoption of the new regulation.
He felt that his “manifest objective is to give in to communitarian demands with religious aims [et qu’il] appears to contravene the principle of secularism laid down by the law of 1905 as well as the provisions of the law of August 24, 2021 confirming respect for the principles of the Republic..
The municipal opposition, which has also filed an appeal with the same court, said on Tuesday that it intended “in case of rejection of the request (…)develop all the other means of law which justify the suspension and the annulment of this decision” at a hearing scheduled for May 31.