Constitutional Council of France (Conseil constitutionnel), N. 2025-1180 QPC, 6 February 2026

The mechanism for the closure of places of worship on grounds of incitement to hatred, provided for in paragraph I of Article 36-3 of the Law of 9 December 1905, as amended by Law No. 2021-1109 of 24 August 2021, is consistent with the French Constitution, through the adoption of a broad interpretation of the repressive provision.

Art. 36-3 Loi du 9 décembre 1905 concernant la séparation des Églises et de l’État

Loi n° 2021-1109 du 24 août 2021 confortant le respect des principes de la République

Art. 1 Constitution française

Art.10 Declaration of the Rights of Man and of the Citizen of 1789

1. The guarantee of freedom of religion does not preclude the legislature from establishing administrative measures providing for the temporary closure of places of worship where the activities conducted therein foster incitement to violence, hatred, or discrimination. Such restrictions are constitutionally permissible insofar as they pursue objectives relating to public order and the protection of republican values, remain limited in duration, and are subject to effective judicial review. The Conseil constitutionnel thus acknowledged a broad margin of legislative discretion in preventing phenomena of religious radicalisation.

2. A broad interpretation of the conditions triggering the contested measure must be adopted, according relevance not only to conduct and statements occurring within the place of worship, but also to activities connected with the religious institution outside the premises. The decision thereby confirms a functional understanding of the notion of “incitement”, extending the scope of administrative repression beyond the strictly literal wording of the statute.

3. Priority should be given to a balancing approach between fundamental freedoms and the protection of public order grounded in the principle of proportionality, without requiring an especially strict definition of the prohibited conduct. In the present case, French constitutional jurisprudence accepts a relatively flexible legislative formula in matters of security and the prevention of extremism, provided that it is accompanied by procedural safeguards and effective judicial oversight.