Last modified: 2025-09-27 by olivier touzeau
Keywords: displaying | european union | modemas | upr | cross of lorraine |
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European flag
According to The protocol for mayors [link], published by the Ministry of the Interior:
"The flag in the colors of the European Union (adopted in 1955 by the Committee of Ministers of the Council of Europe: twelve stars on an azure field) must be flown on public buildings on May 9, Europe May. Otherwise, this display is free except for schools, since Article L.111-1-1 of the Education Code, resulting from the law of July 8, 2013, on orientation and programming for the reestablishment of the
school of the Republic, stipulates that "the motto of the Republic, the tricolor flag, and the European flag shall be affixed to the facade of schools and secondary education establishments, both public and private under contract." When the European flag is flown, it is placed to the right of the French flag, which occupies the place of honor. The European flag is therefore seen to the left of the national flag when looking at the public building."
Olivier Touzeau, 28 May 2025
Foreign and political flags
According to The protocol for mayors [link], published by the Ministry of the Interior:
"Foreign flags : During visits by foreign dignitaries, it is traditional to honor guests by temporarily displaying the corresponding foreign flag to the left of the French flag when facing straight ahead. If multiple foreign flags are to be displayed, the order will be alphabetical, using the name of the country in its language. The European flag will be placed to the right of the French flag when facing straight ahead."
Outside of a ceremony or formal event, the display of a foreign flag
can be considered an international statement, a matter reserved for
the State, and may result in the decision being suspended or annulled
by the prefect or judge, in particular on the basis of Article L.
2131-6 of the General Code of Local Authorities.
In fact, no law clearly regulates the display of foreign flags on
public buildings in France; the Minister of the Interior relies on the
2005 case law of the Council of State about the legality of the hoisting the MODEMAS flag on the city hall of Sainte-Anne (Martinique).
According to this 2018 article in La Gazette des Communes:
"The most famous dispute is the 2005 ban on the town hall of Sainte-Anne from replacing the French flag with the Martinique pro-independence flag on the pediment of its town hall. The Council of State considered that "the principle of neutrality of public services precludes the posting on public buildings of signs symbolizing the expression of political, religious, or philosophical opinions." For the administrative judge, "the red, green, and black flag, while not the emblem of a specific political party, [was] the symbol of a political claim expressed by certain movements present in Martinique."
This
prohibits the display of signs symbolizing political, religious, or
philosophical opinions on public buildings.
Recent examples show that city halls sometimes take liberties with
this principle: "In the aftermath of October 7, 2023, the display of
the Israeli flag could be seen as a sign of solidarity with a nation
that was the victim of armed aggression, as was the case with
Ukraine." But as the situation has evolved, Marion Ogier, a public law
attorney, sees an imbalance: "Today, we cannot show support for the
Israeli population and the hostages without also showing support for
the Palestinian population." She concludes: "If we must display one of
the two flags, it must necessarily be accompanied by the other flag.
In that way, we would be on the side of solidarity." [source of this analysis: radiofrance]
Numerous decisions have been handed down to this effect in recent
months, and the cases of Mitry-Mory (Seine-et-Marne) and Gennevilliers
(Hauts-de-Seine) are interesting. Upon referral, the court asked the
city councilors to remove the Palestinian flag each time, citing the
principle of neutrality, finding that it was not respected. In this
regard, it relied primarily on the town hall's written submissions
justifying the display, and not simply on the flag's symbolism.
In
2024, the Versailles Administrative Court ruled that the display of
the Ukrainian flag at the town hall of Saint-Germain-en-Laye
(Yvelines) did not violate neutrality because it was intended to "symbolically express solidarity with a victimized nation," in a
context where France was also officially demonstrating its support.
The Versailles court simply stipulated that the decision had to be
ratified by the city council. But in June 2025, however, the Ukrainian
flag was removed from the pediment of Lamballe-Armor Town Hall, in
accordance with an "obligation of neutrality" reminded by the
Côtes-d'Armor prefecture to the department's mayors. A citizen of
Lamballe (who is the candidate in the 2026 municipal elections for the
National Rally) filed an appeal with the administrative court on June
21, seeking the removal of the blue and yellow flag, which had flown
from the balcony of Lamballe Town Hall since the start of the Russian
invasion in February 2022. The court notified the municipality of
Lamballe-Armor of this appeal on June 26.
In June 2025 too, the Prefect of the Alpes-Maritimes, Laurent Hottiaux, asked
the Mayor of Nice, Christian Estrosi, to remove the Israeli flag from
the pediment of the town hall "in the name of the principle of public
service neutrality." The court ultimately ruled, after being
petitioned by individuals, that "given its persistence over time,"
"the scale of the conflict in the Middle East," "and existing global
tensions," the flag was no longer simply a symbol of support for the
Hamas hostages and should now also be considered "as support for the
Israeli state," that is, the expression of a political opinion.
The Council of State ruled on this matter in an order issued on July
21, 2025 (No. 506299).
This order reiterates that the principle of neutrality of public
services prohibits the display of signs expressing a political,
religious, or philosophical position on public buildings. In this case
(La Courneuve / Palestinian flag), the Council of State considered
that a town hall displaying colors or symbols associated with an
ongoing conflict (banner, flag, or banner of support) expressed a
political opinion, which undermined the neutrality of public services
and justified the immediate removal of the flag or banner by the
municipality concerned. This decision is based on the fact that a
public building cannot display a sign expressing a political or
ideological claim without contravening the legal framework established
by administrative law. This principle, reaffirmed in this ordinance,
now serves as a national reference against the display of foreign
flags of a political nature on French town halls.
Olivier Touzeau, 28 May & 21 September 2025
Local flags
According to The protocol for mayors [link], published by the Ministry of the Interior:
"Other flags: Regional or departmental insignia and emblems may be used in local cultural or folkloric events, provided that the display is temporary and the national flag is always in the place of honor."
Olivier Touzeau, 28 May 2025
As reported in this 2018 article in La Gazette des Communes: in 2014, the mayor of Nice, Christian Estrosi, banned "the ostentatious use of foreign flags" during the FIFA World Cup. This municipal decree was challenged before the administrative court by several associations, including the Human Rights League. Suspending the execution of this contentious text on July 4, the Nice Administrative Court ruled a few months later to annul this decree. It considered that "the restrictions that police authorities may impose in order to reconcile the exercise of fundamental freedoms such as freedom of assembly, freedom of expression, or freedom of movement with the requirements of public order must be strictly necessary and proportionate to these requirements." He reiterated that the mayor cannot therefore "take a measure such as banning foreign flags that is not, in itself, necessary or proportionate to the protection of public order and public tranquility."
A few years earlier, the mayor of Nice had already issued a decree prohibiting the use of flags in wedding processions. In other French cities, such as Angoulême, charters have been adopted against the use of flags and noise during such processions.
Olivier Touzeau, 28 May 2025
In May 2018 a resident of Sainte-Terre (Gironde), UPR activist, displayed a blue,
white, and red flag bearing a Cross of Lorraine in his window (Source: France 3).
This
flag, which symbolizes Free France, is also used by the party to
emphasize its desire for France to leave the European Union (Frexit).
While this flag has a historical significance, it is now used not only
to assert a historical legacy, but also to express a contemporary
political revendication.
The mayor (Soc.) of Sainte-Terre, requested the flag's removal by
letter on May 7. The reason given was: "Several people in the town and
surrounding communities are surprised and concerned to see the flag
you have displayed on the facade of your house year-round.
Sainte-Terre aims to be a peaceful town; any ostentatious sign becomes
a nuisance to the desired tranquility." Following his constituent's refusal to remove the banner, the mayor
contacted the Prefecture. In a press release, the Deputy Prefect of
Libourne, in charge of the case, stated: "After review, the prefecture
confirms that there are no enforceable rules on the matter and that a
private individual may display the national emblem on a building
belonging to them, provided that it does not endanger the safety of
others and respects the national flag." Following the media coverage
of this case, the mayor received numerous hateful messages, including
death threats.
In this 2018 article in La Gazette des Communes, a professional magazine for territorial collectivities,
additional elements of analysis are given:
The tricolore flag with the Cross of Lorraine here is not flying on a
public building, but from the window of a private home, thus not
violating the principle of public service neutrality. It can only be
banned if the measure is necessary due to public order disturbances,
but the prevailing principle in France on this matter is that of
freedom of expression.
However, even if the use was political, this flag, a symbol of the
Resistance during the Second World War, is not by nature ostentatious
or embodies an extremist, Holocaust-denying ideology, punishable by
criminal law. This would obviously not have been the case if the
resident had, for example, hung a Nazi flag from their window, since
the Criminal Code already prohibits "wearing or displaying in public a
uniform, insignia, or emblem reminiscent of the uniforms, insignia, or
emblems worn or displayed by members of a declared criminal
organization."
Olivier Touzeau, 28 May 2025