Décision judiciaire de Conseil d'Etat, 27 juillet 1979 (cas Conseil d'Etat, 3 / 5 SSR, du 27 juillet 1979, 13876)
Date de Résolution | 27 juillet 1979 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DE M. X... TENDANT 1. A L'ANNULATION DE LA DECISION DU 17 MAI 1978 DE LA COMMISSION JURIDICTIONNELLE INSTITUEE PAR L'ARTICLE L. 43 DU CODE DU SERVICE NATIONAL LUI REFUSANT LE STATUT D'OBJECTEUR DE CONSCIENCE ; 2. AU RENVOI DE L'AFFAIRE DEVANT LADITE COMMISSION ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LE CODE DU SERVICE NATIONAL, NOTAMMENT SES ARTICLES L. 41 A L. 50 ; LA LOI DU 30 DECEMBRE 1977 ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE L. 41 DU CODE DU SERVICE NATIONAL : "LES JEUNES GENS QUI, AVANT LEUR INCORPORATION, SE DECLARENT, EN RAISON DE LEURS CONVICTIONS RELIGIEUSES OU PHILOSOPHIQUES, OPPOSES EN TOUTES CIRCONSTANCES A L'USAGE PERSONNEL DES ARMES PEUVENT ETRE ADMIS A SATISFAIRE AUX OBLIGATIONS DU SERVICE NATIONAL, DANS LES CONDITIONS PREVUES PAR LA PRESENTE SECTION, SOIT DANS UNE FORMATION MILITAIRE NON ARMEE, SOIT DANS UNE FORMATION CIVILE ASSURANT UN TRAVAIL D'INTERET GENERAL" ; CONS" QUE SI LA COMMISSION JURIDICTIONNELLE A PU LEGALEMENT DECIDER QUE LES APPRECIATIONS FORMULEES PAR M. X..., DANS SA DEMANDE INITIALE, A PROPOS DE L'INSTITUTION MILITAIRE, N'ETAIENT PAS DE NATURE A JUSTIFIER L'OCTROI DU STATUT PREVU A L'ARTICLE...
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