Since the use of 49.3 by the Prime Minister, Elisabeth Borne, “spontaneous” demonstrations have broken out every day in different cities. Pushing through the much-contested pension reform in this way was not viewed favorably by the French. Emmanuel Macron’s speech at 13 Hours on March 22 did not ease tensions.
These demonstrations which take place every day in Paris, Rennes or Lyon are not similar to those which one can observe for several weeks, on the initiative of the trade unions. They are not declared in prefectures and do not have a precise itinerary. Are these movements therefore illegal? 20 minutes make the point.
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On the many videos shared on the news or on social networks, we see that the police force present at these demonstrations is important. The images of demonstrators, traps, arrests, and sometimes even violence suggest that these gatherings are completely illegal. In reality, this is not the case.
In France, the right to demonstrate is guaranteed by the Declaration of the Rights of Man and Citizen (DDHC). There are two scenarios for a demonstration to be considered legal. Either it has been declared and has not been banned: this is the case, for example, of the days of strikes during which demonstrations are held, such as this March 23. Either it has not been declared to the prefecture or the town hall. It is in this case a spontaneous demonstration: clearly, a demonstration does not need to be authorized.
The fact that there was no formal ban is significant, however, as there is a new subtlety since the yellow vest movement. Participating in a demonstration that has been banned is punished by a fourth class fine of 750 euros maximum.
A difference between organizer and participant
The organizers are obliged to declare their demonstration to the authorities. If they don’t, they risk being sentenced to six months in prison and a fine of 7,500 euros. They risk being condemned also if they declare a demonstration, that it is prohibited, but that they organize it nevertheless.
In any case, whether the demonstration is spontaneous, declared or prohibited, the participants risk being confronted by the police because they may consider that it is no longer a question of a peaceful gathering, but of a crowd. The Penal Code stipulates : “Constitutes a crowd any gathering of people on the public highway or in a public place likely to disturb public order. In summary, one has the right to participate in a spontaneous demonstration, but not to organize it.