It’s just a clarification but it has the merit of being clear. The Council of State on Wednesday denounced “attacks” on the independence of justice after the avalanche of political reactions to the position of the public rapporteur in favor of wearing the hijab in women’s football. By means of a press release, the Council of State “denounces with the greatest firmness the attacks having targeted the administrative jurisdiction and particularly the public rapporteur”. These follow the holding of a hearing on Monday before the highest administrative court, which examined an appeal by the “Hijabeuses” against the French Football Federation (FFF) which prohibits them from playing veiled during competitions.
During the hearing, the public rapporteur recommended the cancellation of Article 1 of the FFF regulations, which since 2016 has prohibited “any wearing of a sign or outfit ostensibly showing 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”.
Wave of criticism
This recommendation triggered a wave of criticism, first from Interior Minister 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 was 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 consequently “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.