Administrative police (France)

Administrative police in France are French police tasked with preventing disturbances to the ordre public.[1][2] and ensuring the public peace and preventing crime. Ordre public or public peace in a society includes public tranquility, safety and well-being. Two types of ordre public exist:

  • Management that protects the general interest of society;
  • Protection of the most vulnerable, generally by a more powerful party, for example of a consumer or a non-professional from a professional, or of a tenant from a landlord. Similarly labour law also falls into this category.[3]

A norm of ordre public is an imperative that the parties cannot set aside, generally in the name of protecting the weaker party.

Administrative policing can fall under either local or national jurisdiction, but does not include searching for, or arresting, the perpetrator(s) of a particular offense.[4] For example the French Border Police and the traffic police[5] have certain powers to detain and ask for identification, but are not involved in criminal investigations.[4]

The goals of administrative police are distinct from those of the judicial police who, under Article 14 of the Code of Criminal Procedure can investigate and arrest people for prosecution and punishment.[4]

The separation of administrative and judicial policing functions dates from the 1795 Code of Offences and Penalties, and is still in force today. This functional distinction does not necessarily imply an organizational separation: a single organization may perform both types of policing: an example is the National Gendarmerie.[citation needed]

  1. ^ Chambers 1896, p. 286.
  2. ^ Donnelly 2013, p. 37.
  3. ^ Forde, M. “The ‘Ordre Public’ Exception and Adjudicative Jurisdiction Conventions.” The International and Comparative Law Quarterly, vol. 29, no. 2/3, 1980, pp. 259–73. JSTOR. Accessed 14 Jan. 2023.
  4. ^ a b c Bell 2008, p. 129.
  5. ^ Police administrative: Police de circulation: immatriculation des véhicules. In: Revue Judiciaire de l'Ouest, 1986-2. p. 253. DOI: https://doi.org/10.3406/juro.1986.1402, [www.persee.fr/doc/juro_0243-9069_1986_num_10_2_1402 via Persée]