Extract
[...] The holders of general police power are subject to judicial control, and the guarantee of public order cannot ignore the legal framework. Thus, if the Constitutional Council has made public order a constitutional value objective (decision of January 18, 1995), the judge sets limits to its pursuit. It is in this sense that the Administrative Court of Versailles has controlled the administrative act issued by the mayor. In fact, the judge has traditionally been hostile to general and absolute bans and has considered that the ban on musical activities and attractions in the Halles district was illegal because it was too general: the mentioned area was too large, the definitions of the prohibited activities were too vague,CE M. [...]
[...] The mayor can have a municipal police force to ensure public order, which was recognized by law in 1987. This is the case in three thousand municipalities, which represent seventeen thousand municipal police personnel. The mayor ensures public order by his general police power, by which he takes municipal ordinances and can modulate the prescriptions issued by the higher authorities on condition that he takes more stringent measuresCE Cne of Néris-les-Bains). From then on, the mayor of the city of Morsang-sur-Orge was entitled to issue a decree aimed at prohibiting the practice of dwarf throwing. [...]
[...] Thus, public order cannot be an economic order: the speed limit for vehicle circulation enacted to save fuel is only legal because the safety objective is also pursuedCE Chaigneau). In addition, public order must respect the law of competitionCE, Opinion Sté L. et P. Publicité). The administrative judge has sometimes hesitated to expand the notion of public order: if aesthetics have legitimately founded a police measureCE Leroux), regulations regulating the aesthetics of funeral monuments have been annulledCE Bures-sur-Yvette). Public order would thus not have an aesthetic component, even though texts explicitly refer to this notion (e.g., art. [...]
[...] Sources : - Decision of the Council of State, Assembly, of 27 October published in the Lebon collection https://www.legifrance.gouv.fr/affichJuriAdmin.do?oldAction=rechJuriAdmin&idTexte= CETATEXT000007877723&fastReqId=1318497351&fastPos=1 - Aguila, Y. Stirn, B., French and European Public Law, Dalloz, 2014 - Byk, Christian. "Chapter 5. The Concept of Dignity and the Law of Life Sciences: A Symbolic and Dynamic Value at the Heart of the Social Construction of Man", International Journal of Bioethics, vol no pp. 67-81. - Durand G., Can I Launch a Dwarf If I Want To? [...]
[...] Editions M-editer, collection Livre'L, 2011 - Fabre-Magnan, Muriel. "The Legal Status of the Principle of Dignity", Droits, vol no pp. 167-196. - Malaurie, Philippe. "The Law and the Exigency of Dignity", Études, vol. tome 398, no pp. 619-628. [...]
