HASIn the cemetery, the burial of the deceased is carried out either for payment, in a “concession”, or free of charge, in a “common land” (formerly called “paupe for the indigent”).
When a municipality intends to take charge of an expired concession, the mayor must “inform the concessionaires and their beneficiaries by any means” of the existence of a right to its renewal (article L. 2223-15 of the general code of local authorities).
On the other hand, it does not have a similar obligation for burials on common land, where people of modest means (particularly the homeless) are generally buried. However, individual graves are opened every five years (the usual time for bodies to decompose) to accommodate new burials.
This lack of obligation to provide information ignores “the principle of dignity of the human person”, The Constitutional Council judged on October 31, 2024, that is, conveniently, on All Saints’ Eve.
It was seized under the following circumstances: On September 5, 2017, Michel B. came to pay his respects at the grave of his mother, Antoinette Frenk, whom, due to lack of financial means, he had buried, in February 2012, in the common ground of the Thiais cemetery (Val-de-Marne). He discovers that the body has been exhumed, cremated and that the ashes have been scattered.
Of Jewish faith
Mr. B. requests that the city of Paris, administrator of the cemetery, compensate him for the damage suffered, namely “the absence of a place to meditate”and the “shock » felt when learning about cremation: Mme Frenk, a Holocaust survivor, was Jewish (she had placed a Star of David on her coffin); However, this religion does not allow cremation.
On April 25, 2022, the administrative court of Paris sentenced the city to pay it 5,000 euros, but on November 21, 2023, the administrative court of appeal of this city annulled its sentence as the city had not breached any obligation.
Thanks to legal assistance, Mr. B. appeals to the Council of State, and his lawyer, Katia Guermonprez-Tanner, raises the following priority question of constitutionality (video): article L. 2223-4 of the general code of local authorities No, contrary to the principle of the dignity of the human person?
In fact, he says the mayor can have the exhumed remains cremated.“in the absence of known or proven opposition of the deceased ». But it does not provide for the obligation to inform third parties who may communicate this opposition to you.
You have 30.72% of this article left to read. The rest is reserved for subscribers.
