Public order, administrative policing, human dignity, public morality, general interest, jurisprudence, Council of State, French law, local authorities
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Abstract
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Abstract
The concept of public order is a dynamic and evolving notion that has been shaped by various factors, including human dignity and public morality, as reflected in administrative policing and jurisprudence.
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[...] Thus the notion of human dignity has significantly modernized the notion of public order, making it evolve. However, the purpose of maintaining public order remains unchanged. The maintenance of public order, a continuous purpose The maintenance of public order has continually constituted the purpose of administrative policing, where, since the French Revolution, the legislator, by Article L. 2212-2 of the General Code of Local Authorities, defined the powers of municipal police having as its object "to ensure good order, safety, security, and public health". [...]
[...] The question of public order and its maintenance will continue to question jurists and politicians, President of the Republic Emmanuel Macron will not fail to recall the crucial importance of its maintenance for the State, 'Republic, it is both public order and the free expression of opinions ». These considerations invite us to ask if the notion of public order is evolving. The notion of public order is a polysemous notion, it designates the goal pursued by public persons in the exercise of administrative and judicial police missions. The administrative police aim to prevent disturbances to public order, while the judicial police are intended to restore and repress these same disturbances. [...]
[...] And has also raised a new principle of proportionality which constitutes the counterpart of the rise of fundamental freedoms. Since the post-war period, jurisprudence has considered that the maintenance of public order also involves the regulation and prohibition of situations where the risk of disturbance is not directly at issue. The first act of administrative policing including public morality in a matter of public order was that of the mayor of Nice's order banning the screening of the film Le feu dans la peau on the grounds that this programming had an immoral character. [...]
[...] The legislative competence leaves subsisting an important competence to administrative regulation as evidenced by the Council of State ruling of December Compagnie des Chemins de fer de l'Est in the context of subordinate regulatory power. Thus, the purpose of administrative policing as a framework for public order has not changed. The purpose of public order remains unchanged, since despite the evolution of jurisprudence, it always goes in the same direction as its origin, namely the consideration of the private interest of the individual. [...]
[...] Thus, public order is an actor of the general interest whose different administrative police measures consequently make it evolve Public order, actor of the general interest SAccording to Aristotle, the good is 'final cause' and 'what all things desire inasmuch as they desire their perfection.' Man, as such, naturally tends towards his good, and so does society, which, by nature, tends towards its good. This is how the concept of the general interest was born. From this concept, the notion of public order necessarily arose. [...]
