The Conseil d'État today ruled on three subsidies granted by local authorities to humanitarian organisation SOS Méditerranée. In doing so, it noted that French law allows local authorities to support any international humanitarian action that respects France’s international commitments and does not interfere with the way the State conducts international policy. However, in providing such support, local authorities cannot take sides in political disputes, and they must always ensure that their subsidies only finance activities that are genuinely humanitarian and not political. The Conseil d'Etat ruled that the subsidies granted to SOS Méditerranée by the City of Paris and the Hérault department complied with the law, but it annulled the subsidy from the City of Montpellier for being insufficiently targeted.
A number of private individuals had appealed to the administrative courts against subsidies granted by the City of Paris, the City of Montpellier and the Hérault department to the humanitarian organisation SOS Méditerranée, which rescues migrants at sea in international waters. Following initial decisions by administrative tribunals and courts of appeal, the Conseil d'État today ruled on these three subsidies.
Financial support can only be provided for international cooperation, development aid or humanitarian activities; it cannot be provided for political activities, and must comply with France's international commitments
The Conseil d'Etat pointed out that Parliament allows local authorities to implement or support any international cooperation, development aid or humanitarian activities. These activities do not have to support local public interest, fall within any of the local authority’s other areas of competence, or involve a foreign local authority.
Under the terms of the law, these activities must comply with France's international commitments. And they must not interfere with the way the State conducts France's international relations. Finally, such activities must not lead to a local authority taking sides in a political dispute. Consequently, the mere fact that an organisation takes a stance in public debate does not prevent a local authority from supporting it in international cooperation, development aid or humanitarian activity, as long as this activity does not constitute a political action, and as long as the local authority that decides to support such an organisation ensures that its aid will be used exclusively to finance cooperation, development aid or humanitarian activity, and will not be used to finance the organisation's other activities.
A local authority can legally provide financial support to SOS Méditerranée for its humanitarian sea rescue operations
The Conseil d'Etat ruled that SOS Méditerranée's sea rescue operation was indeed an international humanitarian activity, and not a political one. It noted that this activity is carried out in accordance with the principles of international maritime law, which includes the obligation to rescue people in distress at sea, and to disembark them in a safe place within a reasonable time frame, regardless of their nationality or status. The Conseil d’État, therefore, took the view that the activity it is not contrary to France's international commitments. It also noted that where the authorities in some European Union member states have refused to allow the organisation’s ships to disembark, the organisation has complied and the French authorities have disputed whether these refusals comply with international maritime law. Under these circumstances, the Conseil d'Etat considers this activity cannot be considered as interfering with the way the State conducts France's international relations.
Given that the substantive conditions laid down by law have been met, the Conseil d'Etat concluded that, although SOS Méditerranée leaders have taken a stance in the public debate on the policy of the European Union and certain member states with regard to the rescue of migrants at sea in the Mediterranean, this fact is not sufficient to prohibit local authorities from providing support for its operational sea rescue activities, provided that the support is reserved for this activity alone.
Two subsidies meet all the formal and substantive conditions required by law
The Conseil d'État noted that the subsidy of 100,000 euros awarded by the City of Paris was exclusively intended to finance the chartering of a new vessel to enable the organisation to resume its sea rescue activities, and that the agreement established with SOS Méditerranée stipulated that the use of the subsidy for purposes other than sea rescue would entail the return of all or part of the sums already paid, and that the City of Paris could carry out checks, including documentary and on-site inspections, to ensure compliance with these obligations. The Conseil d'Etat, therefore, concluded that the target of this support was sufficiently well-defined.
The Conseil d'État also rejected the appeal against the 20,000 euro subsidy granted to SOS Méditerranée by the Hérault department.
Montpellier's subsidy annulled for being insufficiently targeted
On the other hand, the Conseil d'Etat annulled the decision by the municipality of Montpellier to grant a subsidy of 15,000 euros to SOS Méditerranée. It found no evidence that the municipality had ensured that its aid would be used exclusively to finance the international humanitarian activity it was intended to support. In fact, the municipal council's minutes did not specify the purpose of the subsidy, and the agreement signed with the organisation stated only that it was requested to support the organisation's operations, without providing further details.
Decision Nos. 472155, 473817, 474507 and 474652 of 13 May 2024