Press release from Anne Coffinier, president of Create your school:
Christian Espeso, director of Immaculate Conception, has been reinstated in his position. The summary judge has just suspended the rector's decision to suspend him from his duties for 3 years. Concretely, he returns to direct the Immaculate Conception tomorrow.
This is a victory for freedom of education. It is also a victory for men and women of character against the technocratic machine.
I am happy that our lawyer, Me Hugues de Lacoste Lareymondie, who defended him, won such a victory. Beyond the honor of a man, what is at stake is the freedom of education, the specific character, the very meaning of the existence of free establishments in our French educational landscape.
Long live freedom of education!
The court justified its decision by the fact that the elements put forward did not justify, at this stage, an immediate dismissal of the director. This return is however conditional on the evolution of the procedure still in progress.
Addendum : here is the interim order on the Espeso affair
[…] The summary judge, seized on the basis of article L. 521-1 of the code of administrative justice, may suspend the execution of an administrative decision if two cumulative conditions are met: the existence of a situation of urgency, on the one hand, and the existence of a serious doubt as to the legality of the act, on the other hand.
In this case, the judge considered that these two conditions were met.
With regard to the emergency condition, it is held that the risk of dismissal in the short term of the director of the establishment in question and the impact that the decision has on his personal situation allow us to consider that this condition is satisfied.
Furthermore, it is judged that the argument based on the disproportionate nature of the sanction to the acts alleged against the director of this establishment was, in the state of the elements of the file, likely to create serious doubt about its legality, since in particular that the person concerned has never been sanctioned even though he has held management functions in an establishment for many years.
This suspension of the sanction therefore applies until the trial judge, ruling in collegial formation, rules on its legality.
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