The Constitutional Council has decided. Following a joint protest against the August 24, 2021 secession law by France’s three Christian churches, the Catholic, Protestant and Orthodox churches, the top authority on Friday ruled that the law is generally in line with the Constitution. However, with some important caveats.
The first complaint related to the fact that the religious associations governed by the 1905 law, the administrative support of temples and churches, must now show their “ cult quality » every five years before the prefect. Who can remove this status from them? Previously, this religious status was accepted without discussion under freedom of association. Henceforth he submits to this prefectural green light, thus judging what is religious or not against the spirit of separation of Church and State.
In this respect, the plaintiffs have lost their appeal. ” The impugned provisions are only intended to impose a reporting obligation “, the Constitutional Council considers. He adds that prefectural control has “ not intended and not intended to impede the republic’s recognition of religion or the free exercise of religion “. Finally, the final decision to suspend religious association will not be arbitrary, but “after an adversarial procedure and only on grounds of public order “. However, churches argue that this is a problematic pre-authorization mechanism.
On the other hand, with the second complaint, the Christian churches rather won the game, because the Constitutional Council recognized that the law effectively implements ” violation of freedom of association and free exercise of religion “. The churches actually criticized the establishment of new standards of administrative and financial control, which were so burdensome and boring that they endangered the existence of small places of worship, especially Protestant ones.
While accepting Aachievement for several freedoms, the Constitutional Council, however, considered that ” strengthen the transparency of activities and financing of associations that ensure the public practice of religion “remained justified because, thus, the legislator continued”.the constitutional value goal of maintaining public order“. But he qualified his decision with a “reservation” that was strongly welcomed by Christian churches on Friday.“Nevertheless, the regulatory authority must ensure that the constitutional principles of freedom of association and free exercise of religion are respected by setting specific terms and conditions for the fulfillment of these obligations. .» It is clear that this freedom is really threatened.
Therefore “regret ” expressed Friday evening by three Christian churches, which lamented that “The Constitutional Council did not go so far as to condemn these provisions. Then they promisepreservation of (them)vigilance »on“ the consequences of this law.And ask“ again a real consultation on its application ».
Source: Le Figaro
