French court overturns municipal ban on burkini on beach
The court has suspended the municipal order banning the use of the burkini in Carry-le-Rouet (Marseille). The court ruling authorises the use of the burkini throughout France and states that mayors cannot ban it.
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The administrative authorities of the city of Carry-le-Rouet, In the Marseille region, they had banned the burkini on the beaches, citing safety arguments such as a lack of buoyancy.. In June 2024, Mayor René-Francis Carpentier promulgated a decree which, according to him It aimed to «guarantee the safety of bathers and the immunity of lifeguards», ensuring that the burkini provides less buoyancy and is less dangerous for potential rescuers..
2 July 2025 An 18-year-old woman was ejected from the beach while she was in the sea wearing a burkini.. The municipal police ordered her to get out of the water and warned that her attire was «unacceptable.» The tense situation led up to five gendarmes to step in and warn the girl and her family that they faced fines if they did not move away.
The court suspends the burkini ban for violating fundamental freedoms.
A few days after the incident on the beach, the Administrative Court of Marseille suspended the municipal decree, deeming it “a gross and manifestly illegal violation of fundamental freedoms”. The court decision init points out that there was no real risk to public order nor any evidence of the danger that was being pointed to. The court questioned the justification based on buoyancy, stating that it is unrealistic.
Almost simultaneously, on 15 July 2025 the mayor of Mandelieu-la-Napoule, on the Côte d'Azur, It issued a decree banning «garments that ostensibly manifest a religious affiliation», including the burkini.. The League for Human Rights appealed the measure and the Nitsa Administrative Court suspended it the next day, deeming it discriminatory and lacking justification on grounds of public order risk.
The burkini is permitted on all beaches in France.
With this resolution, the situation is defined: The burkini will be authorised on the beaches of the affected municipalities this summer.. This maintains the prevailing orientation of French case law that protects religious expression in public spaces, provided it does not pose a real risk or disrupt public order.
The mayors' decisions are framed within a consolidated body of case law by the French Council of State, which since 2016 has indicated that Religious dress may only be banned in public spaces if there is a concrete risk to public order.. The legal interpretation holds that municipal authorities cannot enforce a ban directed exclusively at the burkini without infringing freedom of conscience, freedom of movement and the right to equality.
The judicial rejection has been highlighted by defenders of personal freedom, who consider that this measure was a form of indirect discrimination on religious grounds. In contrast, some municipal representatives They argued that they only intended to «avoid problems» arising from ostentatious religious display on the beach and to ensure safety, although these justifications have not withstood judicial scrutiny..
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