Mayor's Decree Prohibiting Parking on Communal Road

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Mayor's Decree Prohibiting Parking on Communal Road

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Themes

Administrative police measure, mayor decree, public order, receivability defense brief, formal irregularity, material irregularity, territorial collectivities, General Code of Territorial Collectivities, Article L. 2122-22, police powers, public freedoms, external legality control, manifest error of appreciation, proportionality, indispensability, grave peril, abuse of power, municipal police, parking prohibition, communal road, discretionary power, error of appreciation, Administrative Court of Toulouse, CE 23 October 1959 Doublet, CE Ass 27 October 1995 Municipality of Morsang-sur-Orge, administrative policing, public tranquility, dignity, cleanliness, security, good order, mayor's ordinance, defect of motivation, broad decree, serious factual justification, limits of discretionary power, manifestly unreasonable decision, financial prejudice, disturbances to living conditions, compensation, annulment of decree, control of administrative police measures, judge of excess of power, proportionality control, administrative law, local government, police measures, freedom restriction, legitimate measure, proportionate measure

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Abstract
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Abstract

The Administrative Court of Toulouse ruled on the legality of a mayor's decree prohibiting parking on a communal road, analyzing the receivability of the defense brief and the formal and material irregularity of the administrative police measure.

Extract

[...] In this case, the applicants are owners of a dwelling on the territory of the commune of Cadarcet. On April the mayor issued a decree prohibiting the parking of any vehicle along the entire length of the communal road. A month later, the applicants submitted a preliminary indemnity claim to the commune. Having not obtained satisfaction, they brought an action before the Administrative Court. They request the court to annul the mayor's decree and to condemn the commune to pay various sums in compensation for their financial prejudice and the disturbances to their living conditions. [...]

[...] The attacked decree of April is tainted with an error of appreciation in that it is disproportionate. In order to answer this question, it is necessary to focus first on the receivability of the defense brief and the formal irregularity of the administrative police measure before analyzing the material irregularity of the administrative police measure in a second time (II). A receivable defense brief, but a formal irregularity of the administrative police measure The receivability of the defense brief justified by the delegation of competence of the mayor - AArticle L. [...]

[...] The question that arises in this case is the following: Is the present mayor's decree prohibiting parking on a communal road legally justified in light of the principles governing administrative policing and public order? The Administrative Court of Toulouse pronounced itself on April First, it considered, in accordance with Article L. 2122-22 of the General Code of Territorial Collectivities, that the mayor was authorized to bring actions in court on behalf of the commune or to defend it. Then, they focused on the conclusions aimed at annulment. [...]

[...] the ordinance is tainted with an error of appreciation (allows the TA to verify if the administration has taken a manifestly unreasonable/disproportionate decision in relation to the facts. Here: absence of proven disturbance, excessive scope of the ban and lack of proportionality. The mayor's ordinance is too broad, without serious factual justification, it has exceeded the limits of its discretionary power, there is therefore a manifest error of appreciation. - Joël ANDRIANTSIMBAZOVINA is interested in the 'Living Together' conjugated with the law of liberties ? [...]

[...] The mayor has certain powers but he cannot do everything. He must follow the law texts and in case of doubt, as in this case, the JA comes to operate a control. - Appreciation of the necessity of theindispensability of the measures (e.g. CE October 1959, Doublet, n° 40922) "in not ordering the necessary measures to put an end to this grave peril, it disregards its legal obligations : This judgment illustrates the concept of indispensability: it shows that the mayor must only take police measures if they are absolutely necessary to prevent a grave danger. [...]

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