Paris CAA Rules in Favor of Fundamental Freedoms at Paris-Dauphine University
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Fundamental freedoms, public order, university administration, freedom of assembly, freedom of expression, Paris-Dauphine University, proportionality, security measures
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Abstract
The Paris Administrative Court of Appeal reaffirms the necessity and proportionality requirements for restricting fundamental freedoms in universities, ruling in favor of the Palestine Committee of Paris-Dauphine.
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[...] By email dated April the President of the university refused this request, citing risks of public disorder due to the international context and renovation work complicating the security of the university premises. Procedure The unions Sud Éducation Paris-Solidaires, M. D. and the FERC Sup CGT union of Dauphine University have filed a lawsuit with the Paris Administrative Court to contest this refusal and obtain an injunction to ensure the effective exercise of fundamental freedoms of assembly and expression within the establishment. By an order of May the referring judge annulled the refusal decision and ordered the university to allow the organization of the conference within three weeks of the decision. [...]
[...] To this end, it invoked the risk of spillovers, intrusions, and threats to public order. The university also highlighted the ongoing work in the courtyard, making it more difficult to secure the premises and increasing the risk of disorder. Arguments of the applicants : The applicants denounce a violation of the fundamental freedoms of assembly and expression. They highlight the internal nature of the conference and commit to taking preventive measures to ensure security: prior registration, access control, moderation of exchanges, and prohibition of any anti-Semitic or punishable statement. [...]
[...] In addition, it notes that previous meetings organized by the Paris-Dauphine Palestine Committee, including on sensitive topics, took place without any notable incident. Therefore, the risk alleged by the university appears hypothetical. Security Measures and Organizers' Commitments : The Court considers that the organizers' commitments (access control, moderation, security) are of a nature to prevent the risks of disorder. By providing guarantees of good organization, the applicants thus demonstrate their diligence to ensure the respect of public order, making the university's refusal disproportionate. Framework The Paris CAA rejects the university's appeal and confirms the suspension of the refusal decision. [...]
[...] The precautions put in place by the organizers play a central role here, demonstrating that the administration must evaluate and encourage these preventive measures before imposing more restrictive limitations. Conclusion In reaffirming the requirements of necessity and proportionality, the Paris CAA strengthens the legal framework of fundamental freedoms in the university space. This decision imposes increased rigor on authorities in justifying specific risks to restrict these freedoms. It also values internal security initiatives by organizers, highlighting that in the absence of specific threats, the ban on meetings in universities should remain an exceptional measure. [...]
