The Nice Administrative Court comes from suspend The decree taken on July 15 by the mayor of Mandelieu-la-Napoule, who prohibited access to beaches to anyone with a bathing outfit “Ostensibly demonstrating a religious affiliation” – A text actually targeting burkini. Furthermore, A measure already challenged in 2023, then 2024… and relaunched this year.
The municipal decree. For example, valid until August 31, explicitly aimed at the outfits like the burkiniin the name of maintaining public order during periods of strong crowds. Furthermore, The town hall mentioned possible religious tensions and “troubles” occurred in the summer of 2024, without providing specific evidence. It was notably this vagueness that led the Human Rights League (LDH) to seize justice in emergency.
“Affected by three fundamental freedoms” – "achievement three fundamental freedoms", justice
In his order rendered on July 18. the judge in summary proceedings is clear: the mayor’s “achievement three fundamental freedoms”, justice ban is based on risks “Neither established nor current”and therefore constitutes a achievement “serious and obviously illegal” has Three fundamental freedoms: Freedom of conscience, personal freedom and freedom to come and go.
Result: the decree is suspended. The town hall must remove its panels.
“It is an important victory for fundamental freedoms. for all those who refuse to be excluded from public places because of their faith or their appearance”reacted Amira Zaiter, co-ray of appeal.
For her. this judicial decision reaffirms that individual freedoms cannot be limited on the basis of supposed intentions or a tense climate.
The mayor, Sébastien Leroy, has not yet announced if he intended to appeal. The case could be brought before the Council of State, already seized in the past years. In Mandelieu, the debate may not be completely closed. But for the time being, the burkini remains authorized on public beaches.