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What is the administrative police?
(Police administrative)
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The difference between administrative police and judicial police :
The administrative police has a preventive goal, and aims to ensure, maintain and restore public order, which is defined as public safety, public health and public peace. Administrative courts ar competent concerning administrative police.
Examples of administrative police measures: administrative closure of a business, eviction or demolition of an unsafe building (immeuble insalubre), demonstration ban...
Administrative police differs from judicial police (police judiciaire), which has a enforcement goal, and aims to search for, identify and arrest the perpetrator of an offence that violates criminal law.
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The holders of the administrative police powers:
The Prime minister owns the administrative police powers on a State wide level, the Prefect (Préfet) is competent on a regional or departmental level, and the Mayor owns the general administrative police powers in cities.
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The difference between general administrative police and special administrative police:
A difference exists between general administrative police, which has a wide field of action, and the special administrative police, which is established by a norm, and only concerns certain specific activities, or certain citizens (examples: the urban planning police, the occupation of public space, environmental police...)
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The conditions of legality of the administrative police measures:
In order to be legal, an administrative police measure has to be necessary, adapted and proportionate. General and absolute prohibitions are forbidden.
The authorities holding the administrative police power are obliged to intervene in order to prevent or end a breach of public order, otherwise it commits a fault and can be found liable.
