In a deliberation of April 2021, the municipal social action center (CCAS) of Caudry offered the possibility to its president of “remove access to optional aids” to persons who have been the subject of “of a final judgment following an offense disturbing public order”.
The Council of State, seized by the League of Human Rights (LDH) suspended Friday a deliberation of the city of Caudry (North), which planned to deprive certain “delinquents” or their families from optional social assistance paid by the municipality. The highest French administrative court thus annuls an order of the urgent applications judge of the Lille administrative court, which dismissed the LDH on the grounds that it did not “did not justify” an interest in taking action against this local decision.
The disputed deliberation, “likely to affect vulnerable persons“, present, “to the extent in particular that it responded to a situation likely to be encountered in other municipalities, a scope exceeding its sole local purpose”. The League of Human Rights is therefore “founded” to act, considers the Council of State in the decision rendered on Friday.
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In a deliberation of April 2021, the municipal social action center (CCAS) of Caudry offered the possibility to its president of “remove access to optional aids” to people with particular “is the subject of a call to order”, “of a final judgment following an offense disturbing public order”or “caused harm to the community”.
There “direct family» could then be targeted
When the persons concerned were minors, the “direct family» could then be targeted. The benefits covered included aid for the canteen of up to 260 euros, aid for the payment of electricity costs and access to the community grocery store. “Because of its vagueness as to the circumstances that could lead to the suspension of optional social assistance and the absence of any supervision of the faculty thus recognized to the president of the CCAS, the contested deliberation is tainted by a manifest error of assessment”and “likely to create serious doubt as to its legality”write the Sages.
They also believe that the emergency condition invoked by the LDH was indeed “filled”with regard to “effects” on the “position of persons” concerned. They finally enjoin the city of Caudry to pay 3,000 euros to the League of Human Rights for legal costs. “The proposal from the town of Caudry was a trial balloon. Several politicians including Laurent Wauquiez have already imagined generalizing this type of sanction. The Council of State has just coldly showered their inclinations”commented LDH lawyer Patrick Spinosi, hailing a “great victory”.
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