To comment on this sword fight featuring Christian Estrosi, in his multiple and varied public roles, and Prefect Adolphe Colrat, whose nomination in the capital of Alpes-Maritimes he must regret, as it’s far from being a sleepy territory with indolent politicians, one must call upon the fencing glossary.
The former, accustomed to zealous prefects, is increasingly displeased by the attitude of the latter, who has the “brilliant idea” of opposing the wishes of someone who is more used to his will not being thwarted.
Attack, parry, and riposte will continue to characterize this duel, which may amuse the audience but does not match the level of the duelists.
The issue of the worship hall on Pontremoli Street is therefore back on the table, initiated by Christian Estrosi through a specious argument whose sole purpose is to put Prefect Colrat in a difficult position.
For his part, the latter can only affirm his obligation to refer to the law and, in this specific case, to court decisions.
Waiting for the next squabble, we leave those who enjoy this kind of quarrel the opportunity to entertain themselves with a full read of the texts.
Statement from Christian Estrosi:
In a statement dated April 2, 2016, the Prefect of Alpes-Maritimes had accepted the opening of the En Nour cultural center under two conditions:
- that this facility does not in any way depend on foreign influence, whether in terms of property ownership, financing, or religious doctrine;
- that its governance clearly adheres to the 1905 law, incorporating the representative collegiality of the Muslim faith in Nice and the department, thereby making the institute fully representative of a unified local Islam.
According to this statement, these two conditions would ensure that this establishment is a model expression of Islam in France, fully respectful of the laws and values of the Republic, and capable of engaging in dialogue with public authorities in trust.
Despite this, in early July 2016, the Prefect of Alpes-Maritimes substituted for the Mayor of Nice to authorize the premature opening of this place of worship, without communicating on the fulfillment of these two conditions.
The prefect set the deadline of August 2016 for the project promoter to meet these conditions. To date, despite our reminders, I still have no response from the prefect on whether these conditions are met.
Meanwhile, Prime Minister Manuel Valls declared he was in favor of temporarily banning foreign funding for mosques. Yet, the transparency of En Nour institute’s funds remains questionable. The State must have a clear stance. I refuse to believe that in our Republic, a prefect could so oppose the Prime Minister.
Thus, I solemnly ask the Prefect of Alpes-Maritimes to keep his word by informing us whether these conditions are met and to reveal his decision regarding the maintenance of this place of worship, which, I remind you, opened prematurely.
In the event that he finds these conditions unmet, I ask the State representative to prioritize the childhood center by signing the public utility declaration, as he had committed to doing.
Response from Mr. Adolphe Corlat, Prefect of Alpes-Maritimes, addressing Mr. Christian Estrosi, First Deputy Mayor of Nice’s statement.
Mr. Estrosi refers to the Prefecture’s statement dated April 2, 2016.
However, it is necessary to recall that a decisive factor intervened since that date, the interim order issued on June 6, 2016, by the summary proceedings judge of the Administrative Court of Nice, confirmed on June 30, 2016, by the Council of State.
Seized by the En-Nour association, the administrative judge, considering that the Mayor of Nice had infringed on a fundamental freedom, ordered him to authorize the opening of the Cultural and Religious Institute as a public facility within 5 days, under a penalty of 500 euros per day of delay.
The judge indeed considered that by refusing to issue this authorization, the Mayor of Nice’s decision was flawed by a procedural misuse.
Through a statement dated July 1, 2016, Mr. Estrosi notably declared that “the Council of State has thus chosen to allow a new place of worship financed by Saudi Arabia to open in our country”…. “We will not sign the public opening order,” he continued in the same statement, after having written on June 6: “We will only execute a court decision when it becomes final.”
Therefore, in compliance with the jurisprudence, the prefect had to substitute for the failing mayor: orders from a summary judge are enforceable and mandatory, especially those of the Council of State. Administrative authorities are obliged to take the measures they imply (cf. the Council of State’s decision nยฐ 396003 of January 19, 2016 – Association El Fath versus municipality of Frรฉjus). It is within this framework that the prefectural order of July 2, 2016, was signed.
Mr. Estrosi today asks the prefect to sign the public utility declaration regarding the childhood center project. But on May 3, the City filed suit with the Administrative Court of Nice against the refusal that, according to it, the prefect opposed to this request.
Thus, the City of Nice chose to ask the administrative judge to decide this legal question.
Regarding the ownership of the En-Nour Institute’s premises, the prefect confirms that he shares the feeling of the Mayor of Nice about the need for clarification. He has had the opportunity to remind this point numerous times to the President of the cultural and religious En-Nour association.
However, the Prefect, no more than the City, lacks the legal means to compel the owner to relinquish his property.
