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M. Jean-Marie Delarue, Président - M. Jean Musitelli, Rapporteur - M. Rémi Keller, Commissaire du gouvernement - SCP Le Griel, avocat Page 6 sur 6

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Conseil d'État - 19.03.2008

Case

Case number: n° 296984

Country

France

Case Description: The applicant, Mr. Bruno A., was a university professor at Jean Moulin Lyon 3 University. On October 11, 2004, during a press conference held at his political headquarters, he made public statements regarding a report commissioned by the Minister of National Education on the issues of racism and antisemitism at his university (the "B. Report"). In his remarks, Mr. A. attacked the author of the report, Henry B., calling him a "personality of Jewish origin" whose neutrality and objectivity were not established due to his background. Additionally, regarding the Holocaust, Mr. A. stated that while he did not dispute the existence of concentration camps, it was "up to historians to discuss... the existence of gas chambers in such or such extermination camp," thereby casting doubt on the reality of the gas chambers. Following these comments, the disciplinary body of the CNESER imposed a five-year ban on teaching and research activities at Lyon 3 and a 50% salary reduction. Mr. A. appealed to the Conseil d'État, arguing that since the comments were made in a political context outside the university, they should not be subject to disciplinary proceedings.The Conseil d'État rejected the appeal and upheld the disciplinary measure. The court ruled that university professors are bound by a duty of tolerance and objectivity as part of their professional ethics. Contesting the neutrality of a scientific figure specifically because of their religious or ethnic (Jewish) origin was deemed a serious violation of these ethical standards.

Code de l'éducation (notamment l'article R. 232-37); Loi n° 83-634 du 13 juillet 1983 modifiée (notamment l'article 7); Code de justice administrative; Décret n° 92-657 du 13 juillet 1992 modifié (notamment les articles 24 et 27); Principes de déontologie universitaire

Name of Court: Conseil d'État

Date of decision: Mar 19, 2008

Subjects

Academic Freedom
Holocaust Denial & Trivialisation

Type of Court

Supreme Court

Area of Law

Administrative Law

Year

2008

Generated ID: JSM9547-5281

Geolocation

Latitude: 48.86335114159753

Longitude: 2.3367223693429384

: Geolocation

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Conseil d'État - 19.03.2008

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