The Ukrainian flag still flies over Lyon's city hall, while the Palestinian one was removed at the end of September following a court decision citing a serious breach of public service neutrality. This case highlights ongoing controversies around this principle, often misunderstood and evolved over a century. Inherited from the 1905 law, neutrality initially applied only to state agents but has gradually extended to other areas.
The neutrality of public services, a concept stemming from the 1905 law on the separation of Church and State, enshrines the principle of laïcité. This legislation declares that « the Republic ensures freedom of conscience » and « guarantees the free exercise of worship », extending Article 10 of the 1789 Declaration of the Rights of Man and of the Citizen, which enshrines freedom of opinion, including religious.
Initially limited to state agents, the interpretation of this neutrality has gradually extended to new places and users. Today, it is invoked in various public debates, such as flying foreign flags on town halls or the presence of a veiled escort on a school outing, generating numerous controversies.
In Lyon, the Ukrainian flag continues to fly over the city hall facade, contrasting with the removal of the Palestinian flag at the end of September. The latter was taken down following a decision by the administrative court, which cited a « serious breach of public service neutrality ». This situation raises questions about possible « two weights, two measures » or a justified distinction, illustrating the evolution and complexity of this often misunderstood principle.