Can Christian Estrosi be forced to remove the Israeli flag from the pediment of Nice town hall?

Is this a first step towards coercion? The prefect of the Alpes-Maritimes, Laurent Hottiaux, sent a circular to the mayors of the department reminding them of the ban on the display of foreign flags on public buildings. The mayor of Nice refused to comply and removed the Israeli flag from his town hall.

In other departments, state representatives have taken the matter to court. This is the case in Seine-Saint-Denis. The prefect asked the interim relief judge on December 2, 2024, to order the suspension of the decision of the mayor of Montfermeil to display a Palestinian flag on the pediment of the town hall.

He used the "secularism referral" procedure provided for in Article L 554-3 of the Code of Administrative Justice, resulting from the law of August 24, 2021 "reinforcing respect for the principles of the Republic".

"The neutrality of the administration is understood not only from a religious point of view, but also from a philosophical or political point of view," explains Christophe Tukov, vice-president of the administrative court of Montreuil.

Montfermeil town hall argued that "the Palestinian flag did not seriously undermine the neutrality of public services. It should not be interpreted as symbolizing support for the Palestinian cause, but simply as support for the civilian population affected by the conflict since October 7, 2023."

"We considered that this flag was a serious attack on the neutrality of the public service."

On December 6, 2024, the Montreuil Administrative Court issued its order and requested the removal of the flag from the municipal building.

"We considered that this flag was a serious attack on the neutrality of public service and that it went beyond simply supporting civilians," explains Christophe Tukov. The mayor of Montfermeil carried out this decision.

Concerning the Israeli flag displayed on the pediment of Nice town hall, an order dated May 24, 2024, from the Nice administrative court dismissed the residents' request, as their request was not urgent.

Except that, according to the vice-president of the administrative court of Montreuil, "the condition of urgency is not required for the prefect."