Extract
[...] However, the Minister of the Interior is devoid of such regulatory power: it is the Prime Minister who is competent at the national level under Article 21 of the Constitution. The Prefect is competent under his police powers, at the local level, to direct law enforcement and not the Minister of the Interior. Therefore, the scheme is likely to be annulled for an external legal defect, namely the incompetence of the Minister of the Interior. The mobilization of 28 March: During the mobilization day of 28 March, violence broke out between law enforcement and protesters in Lille. [...]
[...] The responsibility of Mr. Rambo The question is whether Mr. Montana can obtain compensation for the damages suffered due to acts of violence committed by a police officer in what circumstances. In law, The potential liabilities that could be implemented against the police officer are three in number: penal, civil, and 'professional' suggesting the possibility of being subject to disciplinary proceedings. We will focus on the civil liability. Personal fault can be defined as that which is committed in the service or with its means, distinguished by its intentional or inexcusable gravity: we are beyond weaknesses, errors, and facing a behavior that we cannot admit in any case from a public agent (TC July 1953, Delaitre ; TC December 1987, Kessler). [...]
[...] However, since it is a disciplinary sanction, he must file an obligatory preliminary administrative appeal before the disciplinary commission. It is only in the event of the latter's refusal to withdraw the sanction that Mr. Rambo will be able to seize the territorially competent TA. If the appeal for abuse of power is well received, the chances of Mr. Rambo's success in obtaining its annulment are however weak. In fact, considering the facts, namely the violence, the sanction appears justified and not disproportionate, the police having a duty of exemplarity. [...]
[...] The nature of the operation and the applicable law In law, there is judicial police when public officials act in connection with a specific offense, whether it is real or alleged, whether it has been committed or is about to be committed Sect., May Consorts Baud, concerning perpetrators of crime being pursued in a café and a consumer who is mistakenly hit by a shot - question of the competent judge to engage the responsibility of the State). If not, it is an administrative police operation June Dame Noualek ; CE, Ass., June Société Frampar). [...]
[...] The jurisprudence establishes a simple fault regime (and not a serious fault) to qualify the generating fact capable of engaging the responsibility of the State, whether the simple fault arises from a legal activity or a material operation (CE May 1970, Moisan). To characterize the fault character of the facts, the Council of State invites consideration of the 'difficulties of administrative action in the particular circumstances that led to the declaration of the state of emergency', a condition that one can wonder if it is intended to be extended to the case of managing the order of demonstrations. [...]
