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Elections
Election propaganda cannot use the national emblem and juxtapose its three colors
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
The posters and flyers of candidates for the elections must adhere to a certain format but also not juxtapose the three colors blue, white, red when this juxtaposition is likely to cause confusion with the national emblem. This was recalled in a ruling by the Council of State on 14 April 2021.
Following the last municipal elections, an outgoing mayor and unelected candidate and his running mates were not granted any seats and asked the administrative court to annul these elections. If the administrative court rejects the application, the applicant then decides to bring his action before the Conseil d'État.
The outgoing mayor's complaint concerns election propaganda. Indeed, the circular the use of the national emblem and the juxtaposition of the three colors (blue, white and red) shall be prohibited on posters and flyers with an electoral purpose or character if they are liable to cause confusion with the national emblem, with the exception of reproduction of the emblem of a political party or group
Consequently, for the Conseil d'État, the insertion of this photograph in an electoral circular is a use prohibited by the provisions of the Electoral Code.
The Conseil d'État also considers that, in view of the small discrepancy recorded in the first ballot, that irregularity was such as to call into question the sincerity of the ballot in this case.
In support of these elements, the Council of State annuls the administrative court's judgment and annuls the elections.
Agenda
Plateforme Mon Master
Du 4 juin au 31 juil. 2024
Publié le 06 juin 2024