The Constitutional Council validates the law against anti -Semitism at university

It had been adopted definitively by parliament in early July. The Constitutional Council validated, Tuesday, July 29, the law aimed at combating anti -Semitism in higher education. “A victory for the Republic”praised the Minister responsible for higher education and research on X, Philippe Baptiste. The Sages had been seized by deputies of rebellious France, who denounced a repressive law towards the students, via an article of the text creating a “common disciplinary section” to establishments of the same academic region. Such a section must be able to allow directors of establishment to return the most sensitive files, in place of the internal disciplinary section at the university.

The appeal targeted the list established by the law of facts liable to a disciplinary sanction. This includes in particular “The facts likely to undermine the order or proper functioning of the establishment” et “The facts committed outside the establishment (…) when they present a sufficient link with the establishment or the activities it organizes”. “According to the applicant deputies, failing to have defined these shortcomings in sufficiently precise terms, these provisions would allow to repress extremely diverse facts”recalls the Constitutional Council. But “The disputed provisions do not have an equivocal character and are precise enough to guarantee against the risk of arbitrary”concluded the wise men.

The deputies also criticized the text for referring many details to decrees, for example the designation methods and the operating rules of the common disciplinary section, thus delegating “In the regulatory power of essential skills”. More “Neither the composition of such a disciplinary section, nor its operating rules, nor the methods of designation of its members are subject to matters that the Constitution ranks in the field of law”and the legislator therefore has “not overlooked the extent of his competence”, According to the wise. The law also makes it compulsory the designation within each establishment of a “referent” dedicated to the fight against anti -Semitism and racism.