At least four appeals have been filed. Two will be examined on Monday morning.
Organizations have seized administrative justice to challenge several prefectural decrees authorizing the use of drones during the May 1 demonstrations on Monday in France, and partially won their case before the administrative court of Rouen, learned Agence France- Press (AFP) this Sunday with the applicants’ lawyer.
The decree of the prefect of Seine-Maritime authorizing the police to monitor the planned parade in Le Havre using drones was partially suspended this Sunday evening by the administrative court of Rouen, according to the decision consulted by the AFP.
The court was seized in summary proceedings (emergency) by the Association for the Defense of Constitutional Liberties (Adelico) and the Syndicate of Lawyers of France (SAF), which requested the suspension of this decree which they describe as “illegal”, a indicated their lawyer, Me Jean-Baptiste Soufron.
Eight hours, too much time
In his order, the judge in chambers considers that the authorization granted by the prefectural decree is “likely to contribute to the security of the demonstration”, while “disturbances to public order have been committed” during previous mobilizations against the pension reform in Le Havre, where moreover a “militant village” is organized in response to the holding of a meeting of the National Rally (RN).
The judge considers, however, that the overflight by drones, authorized in “a wide area” and up to eight hours after the departure of the procession, “exceeds in time and space the need to ensure the security of the demonstration of the 1st -Mai”, and thus carries “a serious and manifestly illegal attack on the freedom to come and go and the right to respect for private life”.
The execution of the decree is therefore totally suspended in certain streets and “after 2 p.m.” in the rest of the overflight perimeter.
“No emergency”
Three similar appeals have been filed by Adelico and SAF against the decrees issued by the prefects of the Rhône, Gironde and Paris to challenge, according to Me Soufron, “the lack of publication of the rules for the use of drones, which results in too wide perimeters and too long durations”.
In Lyon, the request for interim relief was rejected on the grounds that there was “no urgency”, specified the lawyer for the organizations.
The other two requests will be examined Monday morning, at 8 a.m. by the administrative court of Bordeaux and at 9 a.m. by that of Paris, he added.
An appeal against the decree authorizing the use of drones by the police, published on April 20 in the Official Journal, must also be examined on May 15 by the Council of State, according to Me Soufron.