Places of worship: the Council of State orders to lift the ban on assembly

The State Council on Monday ordered the government to lift the "general and absolute" ban on assembly in places of worship, put in place as part of the state of health emergency, because of its "disproportionate nature "

Seized in interim proceedings by several associations and individual applicants, the highest administrative court considered in an order that this prohibition "seriously and manifestly unlawfully infringes" freedom of worship and enjoins the government to lift it "within eight days ".

Tolerances for small gatherings

The decree issued by Prime Minister Edouard Philippe on May 11, as part of the deconfinement in the midst of a coronavirus pandemic, prohibits any gathering or meeting within establishments of worship, with the exception of funeral ceremonies, which are limited to twenty people. .

In his order made on Monday, the judge in summary proceedings observes that "less strict supervision measures" can be taken, like "tolerance of gatherings of less than 10 people in other places open to the public", admitted in this same decree, reports the Council of State.

An attack on freedom of worship

"He therefore considers that the general and absolute prohibition is disproportionate in the light of the objective of preserving public health and therefore constitutes, having regard to the essential nature of this component of freedom of worship, a serious and manifest violation illegal to the latter, "said the State Council.

This decision is "good news for freedom of worship, which is a fundamental right," tweeted Bruno Retailleau, president of the LR group in the Senate.

The decision of the Council of State to order the lifting of the ban on assembly in places of worship is good news for freedom of worship which is a fundamental right.

"Very satisfied with the outcome of the interim measures for freedom," rejoiced on Twitter the chairman of the Christian Democratic Party, Jean-Frédéric Poisson, who was one of the applicants, asking the government not to "play the watch for its execution ”.

"The judge of summary procedures of the Council of State orders the Gvt to lift the general and absolute ban on assembly in places of worship". Very satisfied with the outcome of the interim release filed by @le_pcd. Playing the watch for its execution would be unacceptable! https://t.co/zVGXwVdbte

In Germany, the highest court, the Federal Constitutional Court sanctioned on April 29 the complete closure of places of worship.