Reflections on the French Council of State’s Ruling of 26 August 2016 “Banning the »Burkini«” Cover Image

Rozważania wokół postanowienia francuskiej Rady Stanu z 26 sierpnia 2016 r. w sprawie „zakazu noszenia »burkini«”
Reflections on the French Council of State’s Ruling of 26 August 2016 “Banning the »Burkini«”

Author(s): Jacek Falski
Subject(s): Constitutional Law
Published by: Akademia Leona Koźmińskiego
Keywords: burqa; niqab; burkini; principle of secularity; freedom of thought; conscience and religion; Constitution of France; Constitution of Belgium; judicial practice of the Council of State;

Summary/Abstract: The article offers an analysis into the French Council of State’s ruling of 26 August 2016, which suspended a ban – imposed by a decision of a mayor of a coastal resort town – on wearing the burkini on local beaches. “The burkini issue” has been also dealt with in Belgium, which is why the analysis presented in this article and the accompanying reflections serve as a good opportunity to offer a brief comparison of the French and the Belgian specificities of the constitutional form of the relationships between the state and churches, and a range of relevant references to the ECHR’s judicial decisions concerning the problem of the presence of symbols – being manifestations of one’s beliefs – in the public sphere of a democratic state.

  • Issue Year: 10/2018
  • Issue No: 4
  • Page Range: 127-143
  • Page Count: 17
  • Language: Polish
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