Seized by the prefect of Isère, the administrative court challenged the municipal provision allowing the use of this jersey in swimming pools. Grenoble Justice suspended Wednesday evening the decision of the town hall of Grenoble authorizing the wearing of the burkini in the swimming pools. The administrative court had been seized by the prefect of Isère. The announcement of this appeal had been made even before the decision to authorize the burkini in swimming pools was voted by the municipal council of Grenoble, Monday, May 16. To read alsoBurkini: despite the debates, cities still chilly Based on the fact that “this deliberation (seemed) to contravene the principle of secularism laid down by the law of 1905”, the prefect of Isère had indicated his desire to take legal action , to obtain its suspension. “In accordance with the instructions he received from the Minister of the Interior, Gérald Darmanin”, the prefect therefore seized justice, Monday, May 23, of a secularism summary. Brought to a decision within 48 hours of its referral, the administrative court of Grenoble studied this secularism summary on Wednesday and rendered its judgment at the end of the day to suspend the decision of the Grenoble municipal council, put on the agenda by its mayor, the ecologist Éric Piolle, and relating to the authorization to wear the burkini. Read alsoÉric Piolle, this environmentalist mayor who dreams of a national destiny In ruling on this secularism summary, the court follows an unprecedented procedure, created by the separatism law of August 24, 2021. This device opens up the possibility, for the prefects, to refer administrative judges of decisions taken by a community that could “seriously undermine the principles of secularism and neutrality of public services”. Brought to pronounce in the past on anti-burkini municipal decrees, the administrative judge had then invoked hygiene, security or disturbances to public order, to invalidate these decisions. Lively controversy In the case of the summary proceedings filed Monday by the prefect of Isère, the court had to rule, this time, on the principle of secularism and on the adequacy, or not, of the decision to authorize the burkini in the Grenoble swimming pools, following the modification of article 10 of their internal regulations. Being the subject of lively controversy, this article conditions access to the pools to the wearing of “a bathing suit made of a fabric specifically designed for swimming, fitted, close to the body and (not required) to have been worn before access to the swimming pool”, authorizing de facto all outfits respecting these rules. Read alsoCitizen Alliance: investigation of burkini activists Pending the judgment of the administrative court on Wednesday, the right-wing opposition group reiterated at the end of the day its desire to have the deliberation wanted by the mayor of Grenoble canceled . Led by Alain Carignon, the group had also filed the day after the vote an appeal for annulment before the administrative court of Grenoble. “We are ready to continue our action because the points that we raise in our appeal, which relate to questions of hygiene or public order, are different from those posed by the secularism summary”, explains Alain Carignon. The appeal brought by the Grenoble right will be studied on May 31, the day before the entry into force of the new regulations. SEE ALSO – Should we oppose the burkini in municipal swimming pools?
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