Draft anti-drug trafficking districts project: lack of precision and proportionality of measures highlighted by the Council of State

The Conseil d’Etat has dealt a severe blow to the government’s plans for high-security prison wings inspired by the Italian “41 bis” regime. In an opinion issued on March 13, 2025, the French administrative court points the finger at the lack of precision and proportionality of the proposed measures, which in its view violate prisoners’ fundamental rights. The initial four-year assignment period is deemed excessive, the systematic full body searches disproportionate, and the widespread use of video surveillance contrary to the rights of the defense.

The Conseil d’Etat made specific recommendations to bring the system into line with constitutional and European requirements. This major institutional criticism could well reshuffle the cards in the government’s battle against drug trafficking, and call into question the very architecture of the prison reform currently underway.

Read the full article to find out more about the Conseil d’Etat’s detailed recommendations and the legal implications of this prison reform