In a case brought by the Institut d'études politiques de Paris (Sciences Po), the Conseil d’État did not suspended the university director's refusal to make a lecture room available for a conference on the embargo on arms supplies to Israel with the participation of Ms Rima Hassan. The judge ruled that this refusal, on the grounds of the situation at the university, which had been experiencing serious disorder for several months, did not seriously and demonstrably unlawfully infringe students' freedom of expression and freedom of assembly.
On 12 November 2024, a group of Sciences Po students requested the use of a lecture room to hold a conference on the subject of the embargo on arms supplies to Israel, at which Ms Rima Hassan was to speak on Friday 22 November 2024. On 18 November, the director of Sciences Po refused to make a lecture room available for the conference because of the risk of disturbing public order within the university. After an order was handed down by the Paris Administrative Court requiring Sciences Po to make a room available, Sciences Po appealed to the Conseil d’État.
The Conseil d’État pointed out that the freedom of expression and assembly guaranteed to students within the walls of an institution of higher education could not permit demonstrations that went beyond the institution's mission, prevented teaching and research activities from taking place, disrupted the normal running of the institution or risked undermining public order. Moreover, it was the duty of the university head to uphold freedoms within the institution, ensure its independence from political or ideological influence, and maintain order on its premises.
The judge noted that for several months, the situation at Sciences Po had been marked by serious disturbances within the university and in the surrounding area, and that these disturbances were related to the conflict in the Middle East and the tensions it was causing in France. Intrusions, occupations and blockades of the university had occurred, along with disruptions during events linked to Sciences Po activities, in some cases involving acts of violence, intimidation of students or staff, and damage to property. Very recently, access to Sciences Po was blocked on 9 October 2024, and its main lecture theatre was occupied on 14 November.
In view of the current situation at the university, and despite the fact that Ms Rima Hassan had on several occasions lent her support to the occupations and blockades occurring at Sciences Po, its director did not seriously and demonstrably infringe students' freedom of expression and freedom of assembly by refusing to make a lecture room available for the planned conference.
On these grounds, the urgent applications judge of the Conseil d’État today overturned the order of the Paris Administrative Court.
Read the decision (in French)
Freedom injunctions (article L. 521-2 of the French Administrative Justice Code)
A freedom injunction is a procedure for bringing an urgent case before an administrative court when it is considered that the administration is infringing a fundamental freedom (freedom of expression, right to respect for private and family life etc.) The urgent applications judge can suspend an administrative decision or order it to take special measures. To do so, it must be demonstrated that there is an urgent need to make a decision and that the administration - by its action or inaction - has seriously and demonstrably infringed a fundamental freedom. The urgent applications judge hands down their decisions - known as "orders" - in principle within 48 hours.