The room is full on the ground floor of the Strasbourg administrative court, Tuesday November 26 at 10 a.m. Before three administrative magistrates seized in summary proceedings, the University of Strasbourg (Unistra) had to justify its refusal to authorize the visit of MEP Rima Hassan (LFI), invited by the Palestine Unistras Committee. That same afternoon, the judges will have ruled: the University of Strasbourg did not have the right to ban the conference without having previously discussed with the students the methods of organizing it. The decision of the president of Unistra infringes, according to justice, on freedom of expression.
“No political vocation”
A few minutes earlier, demonstrators welcomed the MEP, known for her commitment to the Palestinian cause, with large Israeli flags. Aware of the tension present in the room, the president of the administrative court Anne Dulmet believes that “this hearing has no political vocation” and that the substance of the conference will not be discussed. Since freedom of expression at university is guaranteed by the education code, only “a real threat to public order, based on particular circumstances”, can justify its limitation. She immediately announces that she will not hesitate to suspend the session in the event of demonstrations:
“This morning, we have to judge whether the university's behavior constitutes a serious and manifestly illegal attack on a fundamental freedom. »
On November 20, 2024, the University of Strasbourg refused by email the request to reserve one of its rooms so that the Palestine Unistras collective could invite Rima Hassan for a speech on human rights in the Middle East. Made on November 7 by the students, the request was described as too imprecise by the University's lawyer, Mr.e Olivier Maetz. Officially, the university cited risks of disturbance to public order in not authorizing the conference.
But Rima Hassan's speeches are regularly subject to university bans. But on November 22, the Paris administrative court authorized his conference at Sciences Po which the institution wanted to refuse him. In May, it was the Council of State which approved the coming of Rima Hassan to Paris Dauphine.
The order service in question
In these decisions, the administrative magistrates systematically considered that the risks of disturbances to public order were not well documented. “It is the ideas, the opinions of Rima Hassan which pose a problem at the universitydear Me Florence Dole, lawyer for the Palestine Unistras Collective, while his remarks have their place in this framework, they are of interest to the internal debate at the university. » She recalls Rima Hassan's mandate in the European Parliament, as well as her training as a lawyer, her specialty in fundamental rights, international migration, and her expertise in the Palestinian situation.
The request made to the university for the conference on November 28 concerns a conference on the theme of the European Union and international relations. On the one hand, the institution considers itself cheated: “We had neither the precise content of the conference, nor the precise room, nor the number of participants…”specifies Me Olivier Maetz. The university council considers that the organization of the collective demonstrated amateurism.
On the other hand, the collective says it does not understand Unistra's dry refusal, without discussion. “We made the request on the 7th, followed up again on the 18th and were refused on the 20th”traces Pauline, member of the collective. “The university has failed in its duty to allow diversity of opinion”asserts Me Florence Dole.
To justify the dry refusal, Me Olivier Maetz recalls that in March 2024, the collective refused to respond to the conditions set by the university to hold the conference of two doctors returning from Gaza. “We wanted to have the list of people registered and details on the security of the event”he explains. Iman, from the Palestine Unistras Committee, recalls that the university had mainly asked them for financial compensation for the security service, which was too high for the organization's means. “Usually, we have between 15 and 20 students doing orderly and everything goes very well”she raises.
“It’s about censorship”
After these exchanges, the president of the court wants to know more about the planned content of the conference. She attempts to determine whether the collective lied about the wording, or whether it simply made a general request before determining precisely the angle chosen for the debate.
On her questions, Rima Hassan insists:
“I am frequently invited to talk about international law and migration. It is through these prisms that I intervene to address the Palestinian question. At the European Union level, I am part of specialized commissions and working groups. It's about censorship, it doesn't give me pleasure to come to court to have the right to participate in debates with students. »
On her social networks, the MEP announced that each time her speeches are banned, she will file an appeal with the competent court. “What is happening in front of you is happening in other cities, other countries, I would like the University of Strasbourg to show courage”she asserts before having to return to the European Parliament.
After more than an hour of hearing, the debates began to run out of steam. For the Palestine Unistras Committee, Iman wants to explain that their mission is to provide information to the student community, and that several of their events, in March and February, went very well. “We want to help put the university at the heart of the city, by organizing debates open to as many people as possible”she concludes.
Following a logic similar to that of the Paris administrative court and the Council of State, the Strasbourg administrative court decided, late in the afternoon of Tuesday, November 26, to suspend the refusal of the University of Strasbourg. “This is a particularly important victory, the summary judge played his role as protector of freedoms. These repeated bans must stop to allow a debate of general interest on the extremely serious situation in Gaza”lifts Me Vincent Brengarth, avocat de Rima Hassan.
