The Council of State rejects the abolition of aid for delinquency in Caudry

The deliberation planned to deprive certain “delinquents” or their families of optional social assistance paid by the municipality. The Council of State, seized by the League of Human Rights (LDH), suspended, Friday, a decision of the city of Caudry, in the North.

The highest French administrative court thus cancels an order of the urgent applications judge of the Lille administrative court, which dismissed the LDH on the grounds that it did not “justify” an interest in acting against this local decision.

Help in the canteen or access to the solidarity grocery store

The disputed deliberation, “likely to affect vulnerable people”, presents, “in particular insofar as it responded to a situation likely to be encountered in other municipalities, a scope exceeding its sole local object”. The League of Human Rights is therefore “founded” to act, considers the Council of State, in the decision rendered on Friday.

In a deliberation of April 2021, the municipal social action center (CCAS) of Caudry offered the possibility to its president of “removing access to optional aid” to people who had in particular “been the subject of a reminder to order”, “of a final judgment following an offense disturbing public order”, or even “caused damage to the municipality”.

When the persons concerned were minors, the “direct family” could then be targeted. The benefits covered included aid for the canteen of up to 260 euros, aid for the payment of electricity costs and access to the community grocery store.

Details of the circumstances

“Because of its vagueness as to the circumstances that could lead to the suspension of optional social aid and the absence of any supervision of the faculty thus recognized to the president of the CCAS, the disputed deliberation is tainted by a manifest error of assessment” , and “of such a nature as to create serious doubt as to its legality”, write the Sages.

They also consider that the condition of urgency invoked by the LDH was well “fulfilled”, with regard to the “effects” on the “situation of the persons” concerned. They finally enjoin the city of Caudry to pay 3,000 euros to the League of Human Rights for legal costs.

“The proposal from the town of Caudry was a trial balloon. Several politicians including Laurent Wauquiez have already imagined generalizing this type of sanction. The Council of State has just showered their inclinations coldly”, commented the lawyer of the LDH, Patrick Spinosi, who salutes a “great victory”.