Abstract
Unlock the complexities of administrative police powers and their distinction from judicial police activities. Discover how police measures are implemented, enforced, and judged, with a focus on maintaining public order. Learn about the nuances of police jurisdiction, the role of competent authorities, and the importance of proportionality in police actions. Explore key jurisprudence cases that shape the understanding of administrative police control, including the conditions under which police measures are deemed general, absolute, or disproportionate. Understand the implications of these distinctions on the maintenance of public order and the protection of individual rights. Dive into the details of administrative police powers and their critical role in ensuring public safety.
Extract
[...] p.104 CE 21 July 1995, Spouses Baverez, rec. 942 Example at Crans-Montana > Regulations concerning Classified Installations for the Protection of the Environment (ICPE) > Regulation concerning festivals, shows, fireworks CAA Nantes July 2001, Society l'Othala Production Dominique Bordier, Rave-parties, free-parties, teknivals, nightmare of the mayor, AJDA 2010, 185-192 > Regulation concerning mentally ill patients CC n°2010-71 QPC of 26 November 2010 CE 30 September 2011, Trade Union Action Committee for Psychiatry and Others, n°337334, AJDA 33/2011, 1873. > Various regulations aimed at protecting individuals : Lâché de lanternes (in summer) big problems in case of drought Interdiction of bathing Rock erosion, slippery and dangerous paths (the police authority can close these paths) 3. [...]
[...] Criteria recognizing this obligation CE 23 October 1959, Doublet « The refusal by a mayor of a request that he use the powers of [general] police is tainted with illegality only in the case where, due to the gravity of the peril resulting from a particularly dangerous situation for public order, safety or health, this authority, by not ordering the measures essential to end this serious danger, disregards its legal obligations. > Three criteria for the lack to be illegal: Situation particularly dangerous for public order Police measure must be indispensable To put an end to a grave peril 2. Case law following Doublet Regulatory Decisions TA Grenoble 17 January 1962, Finas CE 27 April 1979, Leduc Individual Decisions : - CE 1 June 1973, Miss Ambrigot CE 19 April 1989, Kerlo 3. [...]
[...] As a result, it would cost social security less. The principle has been retained, so we multiply this type of situation. > Seatbelt and helmet: CE 4 June 1975, Bouvet de la Maisonneuve Famous ruling on seatbelt safety CE 17 December 1975, Millet CE 22 January 1982, self-defense association Other examples : > « curfew imposed on minors : Some mayors have taken "curfew ordinances" to impose on minor children to return home from a certain time, saying simply that they will not be able to loiter in the streets at such an hour." We are in the same logic: we must protect minor children, and protect society because maybe these minors could pose a risk to public order (e.g. [...]
[...] 9° the maintenance of public health, safety, and tranquility; 10° finally, the service and employment of militias or national guards, as will be regulated by particular decrees. > Law of 28 pluviôse An VIII create prefects and give them administrative police powers, which will be confirmed in 19th and 20th century texts Municipal Law of 5 April 1884 > From now on, we find the powers of the prefect in : Article L131-4 Code of Internal Security Article L2215-1 CGCT Article L131-4 Code of Internal Security « Subject to Article L. [...]
[...] judge considers that there is not enough element to take a measure, and there was no dangerous character justifying an infringement 4. Protection of individuals against themselves > It is generally a matter of protecting citizens around facts for example: prohibition of fireworks because disturbance of people, or protection of hygiene because risk of intoxication > But is it possible to take measures to protect the individual himself, and by necessity his neighbors? for example: case of the ban on swimming: it's not to protect citizens, but to protect the individual who wants to swim = protection of the individual against himself Another example: measures related to road safety for motorists > Road safety for motorists consecrated by jurisprudence and linked to the protection of society: Debate launched in the 70s, during the debate related to the obligation to wear a seatbelt in a car Some people have filed a lawsuit against this measure taken at the time by decree of the Prime Minister in 1973 CE 1975 'Bouvet de la Maisonneuve' Can we take a police administrative measure to protect the individual against himself? [...]
