The administrative court of Paris ordered Tuesday April 4 the prefect of police of the capital to publish the decrees prohibiting the night gatherings against the reform of the pensions on the site of the prefecture and sufficiently upstream of their entry into force.
Taking "
act of this court decision
", the Paris police headquarters told AFP "
not to exclude nevertheless to appeal
".
Justice responds to the appeal of four associations
The Association for the Defense of Constitutional Liberties (Adelico), the League for Human Rights (LDH), the Syndicate of Lawyers of France (SAF), the Syndicate of the Judiciary (SM) as well as individual applicants had seized Friday the court in summary release (emergency).
These organizations denounced the taking “
on the sly
” of orders since March 17 prohibiting gatherings in a large part of the center of the capital, resulting in fines for up to 135 euros.
They pointed out that these daily decrees were the subject of a "
very random
" publication and were for some published after their entry into force: on March 27, the decree was for example published online at 5.30 p.m., i.e. 30 minutes after the start of the ban.
The organizations had already filed a first interim release on the evening of March 27, but this request was then rejected, the court having been seized too late to convene a hearing.
On Monday, they had requested that the prefecture publish the orders on its website, on Twitter and via signs on the public highway.
Read also Pensions: in several cities, the demonstrations degenerate into clashes and fires
Speaking of "
transparency
" and "
simple common sense
", Me Jean-Baptiste Soufron, lawyer for certain applicants, had denounced "manoeuvres
"
of the prefecture.
"
We are not in the maintenance of order but in a strategy which aims to discourage people from going to demonstrate
", he had argued, while participation in an undeclared demonstration is not illegal .
Me Lionel Crusoé, also counsel for the applicants, had considered that these practices violated "
various fundamental freedoms
", in particular "
the right to an effective remedy
", that is to say the possibility for citizens to seize the justice to challenge the decrees.
The representative of the prefecture had affirmed that the appeal was "
totally unfounded
" and had denounced the "
trials of intent
" made to the prefecture.
He had stressed that the decrees were published "
on the door outside
" and that the prefecture "did
not disregard a rule applicable to the administration
".
It was on the basis of the "
right to an effective remedy
" that the court ruled in favor of the applicants, by imposing on the prefecture a publication "
on the website of the prefecture within a period allowing
" to file an appeal against it, according to the order on Tuesday.
Between March 17 and 27, 500 verbalizations were drawn up for participation in a demonstration prohibited on the public highway, according to the prefecture.
