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What is teh French “Imminentes” Law?
Table of Contents
The “Imminentes” law, officially Law No. 2023-1311 of December 15, 2023, grants French authorities expanded powers to preemptively disrupt events deemed to pose a risk to public order, even without concrete evidence of planned illegal activity. This legislation has sparked important debate regarding civil liberties and potential for abuse.
Background and Context
The law emerged following a series of disruptive protests, including those related to pension reforms and environmental concerns, which the government argued were exploited by extremist elements. The French government, led by President Emmanuel Macron, framed the law as a necessary tool to maintain public safety and prevent escalating violence. Critics contend it erodes basic freedoms of assembly and expression. The initial proposal faced strong opposition from left-wing parties and human rights organizations, who raised concerns about its potential for arbitrary request.
Key Provisions of the Law
the “Imminentes” law introduces the concept of “manifestly disruptive” gatherings.Authorities can issue an order to prevent individuals from participating in events if there is a “serious and imminent threat” of disturbances to public order. This differs from previous legislation which required evidence of a concrete intention to commit illegal acts. The law also allows for the preventative detention of individuals suspected of planning disruptive activities, and expands the use of facial recognition technology during protests. Specifically, Article 4 of the law details the conditions under which preventative measures can be taken, focusing on the potential for violence or damage to property.
A detailed breakdown of the lawS provisions is available from the French government: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047933349
Controversies and Criticisms
Human rights organizations, such as Amnesty International France, have strongly criticized the “Imminentes” law, arguing it violates the rights to freedom of assembly and expression as protected by the French Constitution and the European Convention on Human Rights. They argue the law’s vague wording allows for broad interpretation and potential abuse by law enforcement. Concerns have also been raised about the lack of judicial oversight in the implementation of preventative measures. The Ligue des droits de l’homme (LDH) filed a complaint with the Constitutional Council challenging the law’s constitutionality.
The LDH’s statement regarding their constitutional challenge can be found here: https://www.ldh-france.org/2023/12/19/loi-imminentes-la-ldh-saisit-le-conseil-constitutionnel/
Constitutional Council Review and Ruling
On December 21, 2023, the Constitutional Council partially upheld the “Imminentes” law, approving most of its provisions but striking down certain aspects deemed to infringe on fundamental rights. The Council removed provisions allowing for preventative detention based solely on affiliation with a group considered disruptive. The Council emphasized the need for clear and precise criteria for applying the law and ensuring judicial oversight. The ruling, Decision 2023-834 DC, clarified that any preventative measures must be proportionate to the identified risk and subject to review by a judge.
The full text of the Constitutional Council’s decision is available here: https://www.conseil-constitutionnel.fr/decision/2023/2023834DC.htm
Implementation and Current Status (as of January 13, 2026)
As of January 13, 2026, the “Imminentes” law is in effect, albeit with the modifications imposed by the Constitutional Council. Several preventative orders have been issued, primarily targeting individuals suspected of involvement in planned protests related to the upcoming Olympic Games in Paris. The implementation of the law continues to be monitored by civil liberties groups, who report instances of perceived overreach by law enforcement. The French government maintains that the law is being applied responsibly and effectively to prevent violence and maintain public order. A report published by the Ministry of the Interior in November 2025 indicated that the law had been used in 15 instances to prevent potential disruptions, with no reported instances of wrongful application according to the ministry.
