«Let me be naked». The regulation of naked practices by local entities
Article Sidebar
Main Article Content
From the decriminalization of exhibitionism, the practice of nudism has been tolerated as an atypical conduct, at least until the reintroduction of an administrative sanction in municipal regulations since 2004. The Supreme Court, through the judgment of 23 March 2015 and subsequent decisions, understood that nudism is not an expression of an ideology and, consequently, its prohibition can be articulated by a source of law different from an organic law. The Supreme Court validated the regulation of nudism through municipal regulations. I contrast in this article the incoherencies of this case law with the Supreme Court judgment of 14 February 2013 on the prohibition of the Islamic veil and its treatment as an expression of freedom of religion. The article also criticizes that, de facto, some administrative sanctions have been transformed into criminal sanctions in the context of judicial processes.