The public institution spoke, for the first time, in the context of a secularism. She judged that, to satisfy a religious claim, the city has deviated from the common rule.
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The Council of State has decided, Tuesday, June 21, a question that has been agitating public debate for several weeks: the authorization or not of the port of Burkini, named after this swimsuit covered by certain women of confession Muslim, in the public pools of the city of Grenoble. Is this an attack on hygiene and safety rules? Of an attack on secularism?
“The judge in summary proceedings notes that, contrary to the objective displayed by the City of Grenoble, the adaptation of the internal regulations of its municipal swimming pools only aimed to authorize the wearing of” burkini “in order to satisfy a claim of a religious nature and, to do this, derogated, for a category of users, to the common rule, enacted for reasons of hygiene and safety, of port of bathing outfits near the body, “replied the highest Administrative jurisdiction. The Council of State thus confirms the suspension, decided by the administrative court of Grenoble, of the internal regulations of the swimming pools of the city of Grenoble authorizing the port of Burkini.
This decision comes a week after the debate held in public session. In the preamble, the president of the litigation section, Christophe Chantepy, had taken care to recall some fundamentals: “This question is difficult, very media, very present in the political debate, it is up to us to show precision on the facts and on the law. “
Dupes game
The procedure is unprecedented. This is the first time that the public institution has to decide in the context of a secularism, novelty of the so -called “law against separatism”, voted in August 2021, whose article 5 allows the prefects of Request the suspension of the execution of an act of a community which would “seriously affect the principles of secularism and neutrality of public services”. For two hours, each of the parts had been able to defend its point of view.
On the one hand, the municipality and its ecological mayor, Eric Piolle, who had the municipal council voted, in mid-May, the change in the internal regulations of the swimming pools, “in order to lift the prohibitions” of the clothing and To allow access to the bath in any outfit made of a fabric specifically designed for swimming, said the elected official that day, while brandishing several models of skirts with skirts and ruffles, “more or less jerseys Covering covering that corresponds to personal choices (…). Many women no longer go to swimming pools, because they do not want to show their body (…) but you will never find the term “burkini” in my words “. And the counsel of the municipality, M e Coudray, to hammer: “These regulations do not authorize the burkini, it was not made to authorize the burkini.”
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