The patron of the Socialist Party Olivier Faure called on Monday, September 15 to raise the Palestinian flag in the municipalities on September 22, the next day, the day of the recognition of Palestine by France, aroused an outrage on the right of the political field and in the Jewish community. Will the municipalities be entitled to float this red, green, black and white flag? A legal vagueness persists.
In recent months, the courts have ordered the municipalities of Gennevilliers (Hauts-de-Seine), Mitry-Mory (Sena-Et-Marne), Saint-Denis (Sena-Saint-Denis) or Besançon (Doubs) to eliminate high Palestinian flags, in or in front of the City Council.
“Political, religious or philosophical opinions”
The administrative courts, competent in the matter, were based to issue their decision on a jurisprudence issued by the State Council in 2005. Supreme administrative jurisdiction had talked about the installation of a Martinic Independence flag in the pediment of the city of the city of Saint-Anne.
“The circumstance that the principle of neutrality of public services opposes the public buildings of the signs that symbolize the affirmation of political, religious or philosophical opinions,” the State Council had decreed.
The resigned Interior Minister, Bruno Retailleau, soft this principle of neutrality of public services in response to the head of PS. “I remind M. Olivier Faure that administrative justice has recently ordered, and on several occasions, the withdrawal of the Palestinian flags of the Fronton of the Town Halls, with the argument that they were seriously involved in the principle of neutrality of public services,” he said in X.
If the principle of neutrality of public services and well registered in the General Code of the Public Service, no law comes to govern the Pavanity of the municipalities. It is not even mandatory for the city councilors to show the French and European flag in their building. Even if the use urges it.
In the Guide of the Protocol for the use of mayors published by the Interior Minister dating from 2020, it is indicated that the “Pavilion of Public Buildings is not mandatory. However, republican use wants the national flag permanently the facade of public buildings.”
In 2023, the National Assembly adopted a bill to make the French and European flag mandatory for the municipalities of more than 1,500 inhabitants in the first reading by the National Assembly. But since then this bill has blocked in the Senate, the upper chamber has not yet read its reading.
A mayor denounces a “two pesos, two measures”
The communist mayor of Gennevilliers, Patrice Leclerc, ordered by the courts last June to withdraw the Palestinian flag went from the exploration of his City Council after a request from the Prefect, said “two pesos, two measures.”
“The Israeli flag has floated in the pediment of several Hauts-de-Seine cities, without a state statement, and for more than 19 months Antony as Nice without comments during this time,” said the councilor in a statement.
“The mayors who built the flag of the state of Israel have not been attacked in court for more than 19 months by the prefectures. When we raise the Palestinian flag, we are attacked in court in two days,” he also denounced.
In June 2024, the Nice Administrative Court, seized by the Prefecture, but for three associative actors of NICE, had judged that there was no urgency to withdraw the Israeli flags on the facade of the City Council. A year later, on June 26, Administrative Justice, emergency in Proportian activists, ordered the Nice City Council to withdraw the Israeli flags from its facade.
The judges considered that Mayor Horizons, Christian Estrosi, wanted to limit this gesture “to a symbol of support for Israeli hostages held by Hamas, a terrorist organization for the European Union.”
But that “this pavilion, taking into account its persistence over time, the magnitude taken by the conflict in the Middle East and the existing global tensions, cannot be considered as a single support symbol for hostages, but should be considered as support for the Israeli State and, therefore, as the affirmation of a political opinion.”
What about Ukrainian flags?
The question of the Ukrainian flags raised by several French municipalities from the Russian invasion of February 2022, in December 2024, the administrative court of Versailles had judged that “the establishment of said flag was possible and was not contrary to the principle of neutrality because it is actually a brand of solidarity and not a political message.”
However, Justice had imposed the mayor of Saint-Germain-en-Laye to withdraw this Ukaine flag because a councilor “does not have the power to decide only to put the flag on the facade.” You must obtain a deliberation of the municipal council.
The first secretary of the PS, Olivier Faure, stirred about X the jurisprudence of the Ukrainian flags to defend his idea against Bruno Retailleau.
“For the Palestinian flag on September 22, the idea is legally justified, since it is based on the national election of Palestine recognition by the President of the Republic and is not accompanied by any other political message,” justifies Olivier Faure. “But to make sure you understand you: is it the flag that bothers you (the accessory) or the decision made by the head of state (the essential)?” He tells the head of the LR.
Source: BFM TV
