the administrative court of Montpellier authorizes the Christmas nativity scene and Hanouka in Béziers

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Justice ruled this Tuesday, December 18, 2024, a few days before Christmas: the City of Béziers can maintain its Nativity scene public and celebrate the Jewish holiday of Hanukkah, judged the administrative court of Montpellier.

Seized by the Human Rights Leagueso that he pronounces the suspension of the execution of the decision of the mayor of Béziers to install a Christmas nativity scene and to celebrate the Jewish festival of Hanukkah – as well as of the decision of the mayor of Perpignan to create and install a Nativity scene – the judge in summary proceedings rejected the requests, after considering that the condition of urgency necessary for pronouncing this suspension was not met. Every year, the Hérault Human Rights League attacks the decisions of the mayor of Béziers, Robert Ménard.

On November 30, 2024, a Christmas nativity scene was installed in the main courtyard of Béziers town hall. The intercommunal newsletter also announced the celebration of the Jewish festival of Hanukkah, this Thursday, December 26, 2024 in the courtyard of Béziers town hall. For Jews around the world, the time has come to celebrate Hanukkah, the Jewish Festival of Lights which lasts eight days and eight nights. This festival pays homage to a miracle more than 2000 years old, during which light prevailed over darkness.

No serious and immediate harm

Considering that this celebration and these nativity scenes have a religious character, the League for Human Rights asked the judge to suspend the decisions of the mayors of Béziers – and Perpignan – allowing said installations and celebration, and to order them to remove the cribs.

According to the administrative court, the emergency judge recalls that “to pronounce the suspension of the execution of an administrative decision, it is up to the requesting party to establish that this execution undermines, in a sufficiently serious and immediate manner, a public interest, its situation or the interests it intends to defend.

In this case, and at the end of the public hearing which was held this Tuesday, December 17, 2024, the summary judge who gave reasons for his decisions, considered that by arguing that the contested decisions were notably contrary to the principles of secularism and neutrality of the public service, and therefore illegal, and that they will have produced all their effects before the court rules on the merits, the League of Human Rights did not establish that the condition of emergency was filled. In the absence of such urgency, he rejected the three requests for interim relief, without ruling on the legality of these decisions.

The appeals on the merits will be examined by the court in February 2025, indicates the administrative court, this Wednesday, December 18, 2024.

What is a summary suspension?

The summary suspension allows you to request from the single administrative judge when he is sitting, the emergency suspension of the execution of an administrative decision. The emergency judge then examines two conditions which must be met to pronounce the suspension: urgency and serious doubt about the legality of the contested decision. If one of these conditions is not met, the judge will not be able to suspend the application of the decision.

Whatever the decision taken by the summary judge, the request for annulment of the contested decision, also called an “appeal on the merits”, is examined by a panel of three judges within a period of a few months after the summary hearing. . On this occasion, the decision may be annulled or the appeal may be rejected.

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