The Constitutional Council rejects LFI's appeal and validates the law against anti-Semitism in universities

The Constitutional Council on Tuesday validated the law aimed at combating anti-Semitism in higher education , definitively adopted by Parliament at the beginning of July.

The Sages had been contacted by deputies from La France Insoumise, who denounced a repressive law against students , via an article in the text creating a "common disciplinary section" for establishments in the same academic region.

Such a section should allow directors of establishments to refer the most sensitive cases to it, instead of the university's internal disciplinary section.

The appeal targeted the list established by law of acts liable to disciplinary sanction. This includes in particular "acts likely to undermine the order or proper functioning of the establishment" and "acts committed outside the establishment (...) when they have a sufficient link with the establishment or the activities it organizes."

"According to the applicant deputies, by failing to define these breaches in sufficiently precise terms, these provisions would allow extremely diverse facts to be punished," recalls the Constitutional Council .

But "the contested provisions are not ambiguous and are sufficiently precise to guarantee against the risk of arbitrariness," the Sages concluded.

The deputies also criticized the text for referring many details to decrees, for example the methods of designation and the operating rules of the joint disciplinary section, thus delegating "essential skills to the regulatory authority."

But "neither the composition of such a disciplinary section, nor its operating rules, nor the methods of appointing its members fall within the matters that the Constitution places in the domain of the law", and the legislator has therefore "not disregarded the extent of its competence", according to the Sages.

The law also makes it mandatory to designate within each establishment a "referent" dedicated to the fight against anti-Semitism and racism.