French Court Upholds Ban on Religious Symbols for Lawyers in Court

"It follows from Article 3 of the Law of December 31, 1971 that by imposing the wearing of the same uniform dress, the legislator intended to exclude the wearing of distinctive signs in addition to this costume. By introducing the challenged provision (’The lawyer does not wear any distinctive sign with his robe’, editor’s note), the National Council of Bars has merely specified the terms of application of [these] provisions [...] without enacting new prescriptions," the Council of State ruled in its decision, a copy of which Actu-Juridique received.

According to the explanations of the administrative judges, the legal obligation to wear the robe, in their judicial functions, aims "to identify them by a costume specific to them and to avoid, by the uniformity of this common costume to the entire profession, that they display, by their appearance, personal preferences unrelated to the defense of the interests of their client".

In the eyes of the highest administrative court, the uniformity of the lawyer’s costume makes it possible to ensure equality between litigants, which is "a necessary condition for the right to a fair trial". Consequently, "this obligation, which entails the prohibition of wearing distinctive signs with the robe, therefore pursues a legitimate aim and is proportionate to this aim". The Syndicat des avocats de France (SAF) has not, for the moment, reacted to the decision of the Council of State.