THE FRENCH JUDGES AND ANTI-SEMITISM

Levy questioned the role of the judges when faced with the "social pathology" of anti-Semitism. Levy added that most of the aggressions involved teenagers under age, both as perpetrators and as victims.

French judges enjoy a large freedom in their judgments. In some cases of anti-Semitic aggression on a teenage Jew, some judges will consider they are dealing with "regular exchanges between youths relating more to a sarcastic spirit than to a real will to hurt," while in other similar cases, as asked by the State Prosecution, the judges will state that, "The legal authorities cannot back (…) anti-Semitic or racist abuse falling under penal law."

It is certain, Levy added, that there is a real warning effect of the punishment on youths under age, especially when the sanction is immediately enforced. When dealing with freedom of expression, concluded Levy, the judges ought to be aware and punish the provocation to anti-Semitism expressed under the cover of anti-Zionism.