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POLITICS

Mosque closures: What powers does the French government have?

According to the Interior Ministry, a total 21 operational places of worship are currently closed in France while a further six are currently under investigation. We look at the powers the French government has to close down religious institutions.

The outside of Al Madina al Mounawara mosque in Cannes, which has been closed down on the orders of the French Interior Minister
Al Madina al Mounawara mosque in Cannes. Photo: Valery Hache / AFP

On Wednesday, a mosque in Cannes was closed on the orders of Interior Minister Gérald Darmanin because, he said, of anti-Semitic remarks made there and because it was also guilty of supporting CCIF and BarakaCity, two associations that the government dissolved at the end of last year for spreading “Islamist” propaganda.

READ ALSO French minster orders closure of Cannes mosque over anti-Semitic remarks

The closure in Cannes comes two weeks after authorities provisionally closed a mosque in the northern area of Oise because of what they said was the radical nature of its imam’s preaching, the latest in a string of closures.

Can the government close places of worship?

France is a secular state and the government has no religion. Public officials are barred from even wearing clothing or jewellery that indicates their faith – a long-standing policy that has caused no small amount of friction from time to time. 

But it does have the power to close churches, mosques, synagogues and other places of worship in certain circumstances.

As with any building, the government can step in if a place of worship is structurally unsound and dangerous, while religious organisations are obliged to follow rules around employment, health and safety and – if serving food or drink to the public – hygiene.

Likewise, religious groups enjoy no special treatment when it comes to criminal investigation – a Catholic archbishop who said that priests should not inform police about sexual abuse if they hear it in confession was recently summoned for a meeting with Darmanin and reminded that “Nothing is above the laws of the Republic”.

Mosques

The mosque closures, however, are being done under a more recent law.

The loi SILT (Sécurité Intérieure et Lutte contre le Terrorisme), brought in to combat fundamentalist Islamism, came into force in 2017 and allows the government to close places of worship for up to six months. 

The law states that “for the sole purpose of preventing the commission of acts of terrorism, the representative of the State in the department, or in Paris the Police Préfet, may pronounce the closure of places of worship in which the remarks that are held, the ideas or theories that are disseminated or the activities that take place provoke violence, hatred or discrimination, provoke the commission of acts of terrorism or glorify such acts.” 

France's Interior Minister Gerald Darmanin. Photo by Bertrand GUAY / AFP

France’s Interior Minister Gerald Darmanin. Photo by Bertrand GUAY / AFP

The duration of the closure “must be proportionate to the circumstances that motivated it and may not exceed six months.”

The State must give its approval before the place of worship can reopen. Closures, though individually limited to six months, can be renewed.

For this, a new religious association must take over the management of the place. Control measures can also be put in place, such as the installation of surveillance cameras to film services and preaching.

If necessary religious leaders at the venue may be expelled. 

How often is this power used?

Its use seems to be increasing. 

In December 2020, Darmanin placed 76 mosques under investigation as part of what he described at the time as a “massive and unprecedented action against separatism”.

There have also been separate actions, such as the closure of the mosque in Pantin, north of Paris, after mosque officials shared videos relating to the beheading of schoolteacher Samuel Paty. The mosque has since reopened with a new leadership team.

The Macron government has passed a sweeping bill aimed at preventing ‘separatism’. Developed in consultation with Muslim leaders in France it contains a raft of measures including wider provision for local funding of places of worship and a charter of ‘republican values’ for all groups which receive public subsidies.

ANALYSIS What is in Macron’s ‘anti-separatism’ law?

Going alongside the bill, Darmanin’s actions are aimed at mosques where radical preaching has been reported.

How do locals react to the closures?

In the case of the mosque in Cannes, which is to remain closed for at least two months, so far there has been silence.

The rector of the mosque, Mustapha Dali , has not yet reacted to this closure. But, Following the terror attack in Nice in July 2016, he condemned “barbaric fanaticism” in a publication on social networks. 

Cannes town hall said in a press release: “This decision comes after careful research work by the State services and multiple reports made directly by the municipality of Cannes since 2015.”

It went on: “We know that the vast majority of Muslims who frequent this very old mosque do not share its drift; some had also alerted us.

“It is therefore up to the emergence of new leaders respectful of the French Republic and the country so that the place of worship can then reopen”.

In the case of the Pantin mosque, several members of the community had reported becoming alarmed by the preaching, even before the video was shared.

It has since reopened without its former director and work is ongoing on a €1 million building project.

“It’s a good thing that the mosque can reopen. The director made an inexcusable mistake in sharing this video. But punishing all the worshippers was unfair,” said the Socialist local mayor Bertrand Kern.

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POLITICS

What does the new government mean for foreigners in France?

France at last has a new government and one of its four main aims is to "control immigration and promote integration" - so what is this likely to mean for foreigners in France, or those hoping to move here some day?

What does the new government mean for foreigners in France?

After two weeks of intense negotiation, on Thursday evening newly-appointed prime minister Michel Barnier announced that he had succeeded in forming a government.

 He also laid out his four main priorities;

  • Improve the standard of living for the French and the workings of public services, especially schools and healthcare
  • Guarantee security, control immigration and improve integration
  • Encourage businesses and agriculture and build upon the economic attractiveness of France
  • Get public finances under control and reduce debt

He is set to give his Discours de politique générale on October 1st – this is the traditional speech that a prime minister makes laying out the main policy aims of their government.

So what is this likely to mean for foreigners living in France?

Obviously some of these things will have the same effect on foreigners as any other residents of France, since we all use the same healthcare and education systems.

The first challenge for the new government will be a budget that, as Barnier says, “gets public finances under control”. France is facing a ballooning deficit and the threat of a downgrade from ratings agencies if it cannot get spending under control.

Barnier said earlier in the week that he is “discovering that the country’s budgetary situation is very serious” – most people interpreted this as preparing to announce tax hikes.

No details of these plans have been released, but it is thought likely that extra taxes will be on business and the super-rich rather than any increase in income tax or VAT.

Emmanuel Macron’s centrist Renaissance group briefed the press that one of their conditions for joining the new government was a pledge that any tax increases would not target “the middle classes or working French people”.

Immigration

But the strand of government that is most likely to affect foreigners in France, or those hoping to move here some day, is the pledge to “control immigration and promote integration”.

Again there is no detail on this, but the French government’s most recent bill to “promote integration” introduced language tests for certain types of residency card, while raising the language standard required for other processes.

We know that Barnier himself is strongly to the right on the topic of immigration – in his unsuccessful 2022 bid for the Les Républicains presidential nomination he called for a total moratorium on all immigration into France from non-EU countries.

Barnier said he would organise a referendum if elected, asking voters to approve constitutional changes and the ability of parliament to set immigrant quotas each year.

The exact composition of the new government has not been revealed – it is expected “before Sunday” – but we do know that Barnier has appointed several ministers from within the Les Républicains party.

These are reported to include Bruno Retailleau, who sparked outcry with his comments about immigrants in the context of the 2022 riots.

Speaking about the rioters who were arrested, 90 percent of whom were French citizens, he said: “OK, they’re French, but these are French people in their official identity, and unfortunately for the second and third generations (of immigrants), there is a sort of regression towards their ethnic roots.”

Clearly for some politicians, you can never be integrated enough.

New laws?

Although it’s far too early to think of any specific policies – and the government may not last long enough to actually see any laws passed – the debate around France’s recent immigration bill does provide some clues about the goals of right-wing politicians.

The Immigration law that finally passed in January changed – among other things – conditions for certain types of residency card and introduced expanded language tests, a civics test and a declaration of allegiance to ‘French values’ for foreigners living here.

READ ALSO What changes under France’s new immigration bill

However as the bill progressed through parliament, many right-wing lawmakers attempted to add amendments to toughen it up. In the end, most of the amendments were either voted down in parliament or struck out later by the Constitutional Council, but they do provide a guide to right-wing goals.

Among the rejected amendments were;

Migration quotas – the original bill contained nothing about migration quotas, but a section on this was added in the Senate (which is controlled by Les Républicains). The amendment was vague, setting out only the principle that parliament can set migration quotas – the wording of the text talked about ‘economic migration’, suggesting that these quotas would apply only to people coming to France to work, not students or retirees. The quotas would not affect asylum seekers or people arriving on a family reunification visa.

It called for parliament to have an annual debate on migration, with the ‘objective’ of setting quotas or numbers.

This was one of many amendments that was eventually struck out by the Constitutional Council – although on procedural grounds, not because of its content.

Healthcare restrictions – currently undocumented foreigners who are in France for more than three months are entitled to basic healthcare under the Aide medicale de l’Etat, with costs reimbursed by the State for hospital treatment and medication. The amendment proposed a complete ban on this for anyone who is undocumented or in an irregular immigration situation.

Benefit restrictions – currently foreigners in France can qualify for benefits such as housing allowance or certain family benefits after they have been resident for six months, the amendment aimed to increase the qualification period to five years.

Expelling radicalised foreigners – the law that was eventually passed makes it easier to expel radicalised foreigners by removing certain protections, including the restriction that people who came to France aged 13 or under cannot be expelled once they reach adulthood. The amendment aimed toughen this up still further by allowing the expulsion not just of people who are on terror watchlists, but of people who have “committed a grave and deliberate violation of the principles of the French Republic”.

Toughen asylum rules – various amendments aimed to make it easier to expel failed asylum seekers by reducing the amount of time for appeals and allowing a notice to quit the country to be served as soon as a first application is rejected.

Limit family reunification rights – rules around foreigners in France being joined by spouses or family members would also be tightened up under the amendment, with a minimum stay of 24 months before you can be joined by a spouse or family member, and extra financial requirements.

French citizenship for children born in France – currently children who are born in France to foreign parents are automatically given the right to French citizenship once they reach 18 under the droit du sol principle (although in order to do anything practical like get a passport or ID card they still need to apply for a naturalisation certificate). Several amendments proposed that this no longer be an automatic right and children must “express their will” to get citizenship – presumably through an extra admin procedures.

All the immigration measures listed above would apply to non-EU nationals – anyone who needs a visa or carte de séjour to spend more than three months in France.

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