Administrative Police Order Banning Gathering Near Roger Vadim High School

Extract

[...] The prefect issued an order banning 'all gatherings in front of the Roger Vadim high school, within a 200-meter perimeter around the establishment, from 1he in September 2023 and this until the situation calms down - The headmaster wonders if the prefect did not overreact and if he was well qualified to issue the said order Analysis: 1. Competence of the Prefect - L. 2212-1 and L. 2212-2 of the CGCT: In principle, competence of the mayor to issue general administrative police measures to preserve public order (good order, safety, tranquility, sanitation) - So why would the prefect be competent? [...]

[...] Prohibition of demonstration « until the situation calms down: there is no time limit. This could be debatable as there is no term to measure PA. It could have been specified for example during the month of September ? Furthermore, the prefect has prohibited 'all gathering' which may seem too excessive because it is too general - Character debatable as to the adapted and proportionate aspect of the measure Possible doubt about its legality. Potential annulment by the administrative judge if the prefect's decree was appealed. [...]

[...] Administrative Police Measures For several weeks, the Roger Vadim high school has been in turmoil. In fact, as part of a course on artistic movements in French post-war cinema, taught in second year, one of the teachers screened Roger Vadim's film, 'And God Created Woman', dating from 1956. The screening was preceded a presentation by the teacher of the context of the film's release and the reactions it had then sparked. The teacher had notably explained on this occasion to what extent the freedom of the female character, embodied by Brigitte Bardot, had shocked the society of the time and the fact that the nude scenes had been censored by the power in place, depriving the film of a good part of its content This screening session was followed by a debate, on the theme 'what limits to artistic freedom in 2023?' A homework assignment was given to the students to try to explain, in their opinion, the differences in reactions to the reception of an artistic work, in particular cinematographic, at different times. [...]

[...] The headmaster is overwhelmed, he fears for the good conditions of the return to school and the welcome of high school students: he wonders if the prefect was really competent and did not overreact by imposing such measures. He comes to consult you on the legal framework of this administrative police order. Recap of the facts: - Screening of the film by Roger Vadim in a 2nd-year course in high school: And God Created Woman", " (1956) and essay on the reception of a cinematographic work according to the eras - However, the course led to tensions: ? [...]

[...] 2212-4 CGCT: In some municipalities, administrative police can be centralized, i.e. not falling under the competence of the mayor - R. 2214-1 CGCT: « the departmental capital municipalities are placed under the regime of the State police. - So the prefect's admitted competence to regulate by PA measures the respect of public order 2. Nature of the measures adopted by the prefect - Principle: a PA measure must be necessary, adapted and proportionate (CE Benjamin) - Necessary: yes, action had to be taken given the situation presenting an inflammable character. [...]