The Council of State denounced Wednesday, June 28 “attacks” against the independence of justice after the avalanche of political reactions following the examination of an appeal concerning the wearing of the hijab in women’s football. The public rapporteur of the high administrative court has come out in favor of the rights of female players.
In a rare clarification, by means of a press release, the Council of State “denounces with the greatest firmness the attacks having targeted the administrative jurisdiction and in particular the public rapporteur”. These follow the holding of a hearing on Monday before the highest administrative court, which examined an appeal by the collective Les Hijabeuses against the French Football Federation (FFF), which prohibits them from playing with the hijab during competitions.
During the hearing, the public rapporteur, who speaks the law and whose opinion is generally followed, advocated the cancellation of Article 1 of the FFF regulations, which prohibits since 2016 “any wearing of a sign or outfit demonstrating ostensibly a political, philosophical, religious or trade union affiliation”, and requested that the Federation modify its regulations.
There is neither “proselytism” nor “provocation” in the mere wearing of the hijab, and no “requirement of neutrality” for licensed players of the FFF, said the public rapporteur, however issuing a caveat for the players of the France team, who represent “the Nation”.
Critics of the right and the far right
This recommendation sparked a wave of criticism, first from the Minister of the Interior, Gérald Darmanin, then from the right and far right as a whole, who demanded that the government consider legislating on the question whether the Council of State had to follow the public rapporteur.
In its press release, the Council of State recalls that the role of the public rapporteur “is to expose publicly, and in complete independence, his analysis of the questions raised by the case under examination, and to propose a legal solution, in order to clarify the court formation, which alone rules on the dispute”.
“To question the functioning” of administrative justice, “is to attack an essential institution for democracy”, underlines the Council of State, which “reserves the right to initiate proceedings in the event of insult, defamation, incitement to hatred, or threat”. Her decision on wearing the hijab in women’s football is due on Thursday.
