Beaucaire nursery: LDH demands the liquidation of the €5,000 penalty and denounces a failure to respect the separation of powers

Mr. Portes and Mr. Mazas argued on the issue of the liquidation of the penalty payment this Wednesday, February 5, before the administrative court of Nîmes. Midi Libre – E.A.

During the hearing this Wednesday, February 5, the vice-president of the administrative court notably questioned the mayor of Beaucaire on a press release sent that same morning.

Once again, the issue of the crèche presented in the Beaucaire town hall occupied the administrative court of Nîmes this Wednesday, February 5. Although it has since been withdrawn, the Human Rights League, represented by Me Sophie Mazas, requested the liquidation of the penalty at the full rate, i.e. 5,000 euros. And she returns in particular to the last press release from the municipality, mentioning having “respected” the court decision dated January 13, by moving the said crèche from under the stairs of the town hall to the reception of the town hall.

The relocation of the crèche, a “subterfuge” for the LDH

“I do not see how we can validate this subterfuge,she contests. The court decision requires the removal of the crèche. And moving is not removing. After having defied the jurisdiction by organizing a referendum against a judicial decision, he now laughs at justice”. She denounces in particular a separation of powers that is not respected, according to her, by Nelson Chaudon. “You have before you a mayor who is ignoring republican rules. When he makes the decision to move the crèche, he makes it all by himself, without even convening the municipal council”, she explains.

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The Prefect of Gard seized by Me Mazas

During her plea, she also addressed the discussions she had with the Prefect of Gard (*), in particular on the issue of the liquidation of the €40,000, ordered by the Marseille Court of Appeal in 2021. “I asked him to order the execution of justice, but he told me that his duties did not allow him to do so. However, the prefect must enforce the law. Either there is a refusal to enforce this decision, or he does not know the extent of his powers”. As a result, while the lawyer had initially requested that the penalty be paid in part to the State, she is now demanding that only the LDH be the beneficiary.

For his part, Mr. Rémi Portes, who is replacing Mr. Sylvie Josserand, who is retained in the National Assembly as part of her duties as a member of parliament, highlighted a penalty that was “disproportionate” given the size of the municipality. “5,000 euros is three times the minimum wage. Asking for such a sum means that it will inevitably be passed on to taxpayers”, he argues.

The presence of the president of the administrative court questioned by the mayor of Beaucaire

At the end of the hearing, Philippe Peretti, the vice-president of the court also questioned Nelson Chaudon regarding a press release sent a few hours earlier, in which he questions the president of the administrative court of Nîmes about his presence, during the various hearings, on the public bench. “If you were wondering about the possibility that his presence would translate into a certain pressure on me, rest assured, he sometimes comes during high-profile cases like this one. It's a tradition”, he emphasizes. The administrative court's decision on the liquidation of the penalty should be rendered by next Friday or Monday.

(*) When asked, the Prefect of Gard has not yet responded to our requests. I subscribe to read the rest