Time Limits for Appealing a Decision of the Administrative Court
When an initial decision has been rendered by an administrative court, it can, under certain conditions, be contested. The case is then re-examined and re-judged by an administrative court of appeal. The appeal procedure is thus based on the existence of different levels of jurisdiction. An appeal is possible when the decision specifies that it […]
Slanderous Denunciation
What Does the Law Say? Slanderous denunciation constitutes an offense that infringes on personality It is defined by the Criminal Code: “The denunciation, made by any means and directed against a specific person, of a fact that is likely to lead to judicial, administrative or disciplinary sanctions and that one knows to be totally or […]
Defamation
What does the law say? Defamation is governed by the law of July 29, 1881 on press freedom, which penalizes press offenses and applies to all communication media, including the internet. Defamation is the allegation or imputation of a fact that damages the honor or reputation of a person, even if the allegation is made […]
Airport and Religious Symbols
At the airport, I am asked to remove my headscarf for a security check at the security gate, in the presence of all travelers. Do they have the right to do this? NO Systematic removal when the security gate does not sound an alarm is illegal. The obligation of neutrality applies only to public service […]
Direct Discrimination
What is discrimination? The general normative framework for discrimination is set by Article 1 of Law No. 2008-496 of May 27, 2008, on various provisions for adaptation to Community law in the field of anti-discrimination (amended by Law No. 2017-256 of February 28, 2017). The definition is detailed in the Penal Code, in Articles 225-1 […]
Driving School and Driver’s License
At the driving school or on the day of the driver’s license test, the instructor/examiner asks me to remove my headscarf. Is this allowed? NO Religious freedom can only be restricted, in a proportionate manner, for legitimate reasons such as safety. In this case, wearing a headscarf does not pose a safety risk. The law […]
File a Complaint
What is Filing a Complaint? Filing a complaint allows a victim to inform the justice system that an offense has been committed. The facts in question must be criminalized by a text that provides for a criminal penalty. Filing a complaint is therefore unnecessary when disputes are purely civil or administrative. If the victim does […]
Absences on Religious Holidays – Eid
Can you be absent on Eid day as a civil servant, private sector employee, or public school student? What are your rights? What does the law say? 1/ You are a civil servant: If you are a civil servant or similar, Circular No. MFPF1202144C of February 10, 2012, regarding leave of absence that may be […]
Professional Internships in a School Setting
Aliyah is enrolled in a public middle school and will have to complete a mandatory internship to discover the working world. She wants to know if she can keep her headscarf. What Does the Law Say? The Law No. 2004-228 of March 15, 2004, applying the principle of secularism, framing the wearing of signs or […]
Full-coverage swimsuit | “Burkini”
Assia is going on vacation to the south of France with her children. Having booked a rental near the beach, she would like to go swimming there with her children but fears that wearing a full-coverage swimsuit might be prohibited. She also wonders if the same applies to the leisure center she will visit afterwards. […]
