Administrative Police Authority and Public Order

Extract

[...] Finally, the CE ruled in a judgment of December that the legal framework for the processing of images filmed by drones, used to maintain public order, must respect the requirements of personal data protection and the right to respect for private life. In the case, under the condition of a proven disturbance to public order, by the effect of a surprise by a drone by a mayor would not be necessary. It would not be adapted and proportionate to the pursued objective. In conclusion, the use of the equipment in the circumstances described does not seem regular. [...]

[...] The latter is already convicted in the past for homophobic remarks and inciting violence. Can the mayor legally oppose the holding of the concert, even though no incident has, to date, marred the concerts of the rapper in question? In law, in accordance with a constant case law of the administrative judge, only a proven risk of public disorder can legally justify a general administrative police measure ord February 2015, Commune of Cournon d'Auvergne). Regarding the Dieudonné case, the referring judge of the Council of State refused to suspend the mayor of Orléans' decision to ban the show of comedian Dieudonné, considering that this measure does not infringe a fundamental freedom in a serious and obviously illegal manner ord January 2014, Mr. [...]

[...] In principle, the administrative judge exercises full control over the legality of measures prohibiting a demonstration. Only reasons related to the need to maintain public order can justify it, knowing that the judge controls this qualification. In this case, the residents of the city who have planned via social networks to gather collectively wish to demonstrate against the rapper's visit. This demonstration requires a mandatory prior declaration on their part. In addition, the police authority must be informed several days in advance and in the event that the demonstration is likely to disturb public order, it may be prohibited. [...]

[...] the emergency judge of the Lyon Administrative Court was entitled to consider, taking into account all the circumstances characterizing the specific situation, that the Prefect of Rhône had not, by using her administrative police powers to ban the concert in question, caused serious and manifestly unlawful harm to the fundamental freedoms invoked" ord., February M. A. B.). These decisions are actually in line with another decision of the Council of State which had validated the ban on a conference due to the risk of statements contrary to human dignity being made there ord., March Mme C.). [...]

[...] Thus, the principle of a mandatory prior declaration applies to all processions organized on public thoroughfares; only so-called "traditional" processions (processions and parades "in accordance with local customs" which have proven, through their repetition, that they do not disturb public order . ) are exempt (Article L. 211-1, CSI). The police authority must be informed several days in advance and may prohibit demonstrations that it deems likely to disturb public order (Article L. 211-4, CSI). In addition, the negotiations that precede the holding of demonstrations tend to characterize a shift de facto from declaration to authorization. [...]