Why is it impossible to ban community lists in elections?

At five months of municipal elections, the issue of community lists is rising in the political debate. Gerald Darmanin, Minister of Action and Public Accounts was worried from June, after the European elections: "I think the Republic must defend itself", he had launched. At the time, the Union of French Muslim Democrats (UDMF) had presented a list and his scores concerned Gerald Darmanin. The UDMF plans to present other lists in the next municipal elections.

And that's what revived the controversy. Last week, the president of the region Hauts-de-France, Xavier Bertrand (former Republicans), proposed to ban these "communitarian lists", alarmed by the rise of a "political Islam". "These lists want to place the religious laws above the laws of the Republic, by putting pressure on the municipalities.It is possible with our current laws.", assured Xavier Bertrand in an interview with Sunday newspaper October 13, 2019.

The True False Cell explains why banning these lists is not possible at this time.

Because an elected official is not subject to the obligation of neutrality

Unlike public officials, subject to a duty of political, philosophical or religious neutrality, elected representatives (and therefore candidates) can claim or manifest a membership in a religion. In fact, many religious figures have served as parliamentarians. Among them, Father Pierre, MP for Meurthe-et-Moselle from 1945 to 1951 who came to the Assembly in cassock, and Canon Kir, deputy of Côte-d'Or from 1945 to 1967.

"Normally, candidates come forward for political convictions before presenting themselves for religious beliefs, explains Nicolas Cadene, general rapporteur of the Obervatory of my secularism to the Prime Minister, even if they have the right to put them forward. You have parties that put forward a denominational aspect like Christine Boutin and Jean-Frederic Poisson (the Christian Democratic Party). You also have Evangelical Protestant parties and then you have, since more recently, Muslim parties ".

However, there are still limits to this freedom to manifest one's religion when one is elected. "When the elect exercises a public service, he must be neutral, says Nicolas Cadene. For example, a mayor is a registrar and when he celebrates a wedding, his function is no longer political but public. And lWhen you represent a municipal, regional or departmental administration, you represent the public administration and you must be neutral. "

Because the religion of a candidate does not "affect the freedom of choice of voters"

This is not the first time that the religious question posted by a candidate is invited in the public debate. In the 2010 regional elections, the New Anti-Capitalist Party created the controversy by presenting a veiled woman on one of its lists. The Council of State had been seized and confirmed the validity of his candidacy: "Considering that the fact that a candidate in an election displays his or her membership of a religion does not affect the freedom of choice of the electors and does not call into question the independence of elected officials, that no constitutional norm, and in particular not the principle of secularism, requires that the right to stand for election be excluded from persons who, on the occasion of the candidacy, intend to declare their religious convictions" (…) cancel this application on the sole grounds of its veil would be discrimination against the candidate since nothing is illegal in its proposals, concludes the Council of State.

The claim of a religion does not pass not only by visible signs. During the campaign for the last presidential election, in 2017, the candidate Republicans Francois Fillon had also put forward his religion catholic multiple times. He had devoted a whole chapter of his book Make, in 2015. "Voters vote knowingly", concludes Nicolas Cadene, general rapporteur of the Observatory of Laïcite to the Prime Minister.

Because they are subject to the same rules as other candidates

A person who displays his religion and wants to run for election is subject to the same rules as any other citizen. It also means that it must respect the same limits to freedom of expression.

"If the law does not prohibit denominational parties as such, on the other hand, it sets a framework in which opinions can be expressed, says Nicolas Cadene. Suddenly, it is obviously not possible for these parties to incite hatred, to deny, to defame, to call for any transgression of the law. " They would then fall under the law and could be prosecuted.

Christophe Castaner, Minister of the Interior, assured France Inter on October 7 that he "Community lists do not exist, no one claims to be soAnd he added that "Having a religion does not stop you from playing politics, including municipal elections, but if there is any act, there is no word in the campaign, the foundations of the Republic, I will be the first to ban them. "