Administrative Police force

The administrative police force is the administrative activity which aims at preventing the disorders with Law and order. It is distinct from the Judicial police.

The administrative police force in France

Concept of law and order

The administrative police force is defined by the goal of Law and order which is according to the L.2212-2 article of the general Code of the territorial collectivities to ensure " the good order, safety, safety and public health ". Safety returns to the limitation of the disorders, safety with the limitation of the accident risks, healthiness with the limitation of the disease risks. The good order is a less precise concept which made it possible to extend the field of application of the administrative police force by taking of account immorality, esthetics and the protection of the individuals against themselves.

Initially, the administrative judge agreed to take into account immorality only if this one were likely to cause a material disorder. It agrees today to take into account morality in particular for cinema (C.E December 18th, 1959, co. of the films Lutetia ) if that is justified by local circumstances. Morality is also controlled by the means of the respect of the safeguard of human dignity since the stop Commune of Morsang on Orge; Town of Aix-en-Provence (E.C. October 27th, 1995) in connection with the " throws of nains".

The Council of State also takes into account the concerns of esthetics (E.C. August 2nd, 1924, Leroux ).

Lastly, it was allowed the legality of the acts of administrative police force aiming at protecting the individuals against themselves (E.C. January 22nd, 1982 Auto defense and E.C. July 9th, 2001, Préfet of Loiret ).

Administrative police force and judicial police

The Judicial police is charged to note a given infringement or to seek (or stop of them) the authors. She thus has a repressive goal which is opposed to the preventive goal of the administrative police force.

The distinction is essential for the contentious competence which will concern sometimes the administrative judge sometimes of the legal judge, as for the responsibility which is more easily engaged by the activities of administrative police force.

The distinction between the two is however sometimes delicate. Indeed, she is often exerted by the same agents (Policier S, gendarme S) and an administrative police operation can be transformed into operation of judicial police. Thus, of the police officers who proceed to excavations with body at the entry of a stage make it within the framework be able to them of administrative police force (prevention of violences), but if they find narcotics on one to support, its arrest will constitute an operation of judicial police (continuation of an infringement). Or conversely an operation of judicial police can be transformed into administrative police operation. One can quote for example removal and the setting as a fourrière of a vehicle (operation of judicial police) then starting from the setting as a fourrière, one with the management of the vehicle (administrative police operation).

Characteristics of the administrative police force

The administrative police force appears by the édiction of unilateral regulations. It can be lawful administrative decisions (decrees, stopped S,…) or individual (individual authorization, visa or user license, Allowed, Identity check, excavation with body,…). The policing powers cannot be conceded with a private individual.

The administrative policing powers can be general or special; in this case, it applies only to certain categories of people (foreigners,…), certain places (stations, airports,…), certain activities (drives out, fishing, cinema,…).

The administration has the duty to exert its power of police force but its refusal is illegal only so of this refusal involved with a failure with its legal requirements of maintenance of law and order. One can also note that the refusal to take a measure of police force does not have to be justified, that a measurement of police force is never creative rights and can thus always be withdrawn, and that the administration engages its responsibility only in the event of heavy Faute.

Holders of the policing powers

The policing powers are distributed between several holders.

At the national level

The Prime Minister in his capacity as holder of the general lawful capacity (article 37 of the Constitution of October 4th, 1958) exerts the power of police force at the national level. The authorities of special police force are different: thus, it is the Ministre for the culture which is in charge of the police force of the cinema; the Minister of Interior Department, the police force from abroad.

At the departmental level

The president of the general advice is an authority of police force since the Loi of March 2nd, 1982 in the field of circulation on the secondary roads except agglomeration.

The Préfet is the authority of police force at the departmental level. For circulation on the trunk roads except agglomeration but especially for many special police forces (drives out, fishing, environment, medical, and by its control of the municipal police).

At the communal level

The Maire exerts it at the communal level.

In the communes of more than 10.000 inhabitants, however, like in certain smaller communes, the personnel of the police force raises of the public office of State even if it carries out the Arrêté S of police force of the mayor. The prefect ensures the respect of public peace.

With Paris, the mayor has only capacities very limited as regards police force: organizes fairs and markets, healthiness of the public highways. The other capacities belong to the prefect of police.

Limits of the policing powers

The policing powers must be limited to preserve individual freedoms and collective. Limits were released by the jurisprudence which moderated them according to the circumstances and the value of protected freedom. These limits are made by a jurisdictional control, goals, reasons and means.

These limits can sometimes be deeply reduced in particular at the time of the state of siege and the state of emergency.

The administrative police force in Belgium

The official site of the administrative police force in Belgium east http://www.policeadministrative.be/.

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