State of emergency, curfew, ban on demonstrations... Who can make these decisions ?

The article discusses the legal framework surrounding emergency measures such as curfews and restrictions on public demonstrations in France. Prime Minister Sébastien Lecornu addressed the situation following recent violent protests that caused damage in several major cities. While he ruled out declaring a state of emergency at this time, he emphasized readiness to do so if necessary. The state of emergency, established by law in 1955, allows authorities to restrict gatherings, impose security zones, or enforce house arrests when public order is threatened. It was last declared in New Caledonia in May 2024 after riots and previously in metropolitan France after the 2015 Paris attacks. Curfews, which can be implemented locally by mayors or prefects, were requested by Lecornu to be enacted in specific areas. These measures require justification and proportionality, with administrative judges able to review their legality. Public demonstrations must be reported in advance, and local authorities can ban them if they risk disturbing public order.

French Prime Minister Sébastien Lecornu addressed the nation on October 19 regarding recent unrest in major cities, emphasizing measures to prevent further violence. While he ruled out declaring a state of emergency for now, he left the door open, stating the government would consider it “if necessary.” The state of emergency, established under law dated April 3, 1955, can be declared by the Council of Ministers over all or part of the territory when public order is threatened or a serious danger looms, such as riots or terrorist attacks. It can also apply during public disasters like major natural catastrophes. Initially lasting 12 days, its extension requires parliamentary approval via legislation. Under this regime, the minister of the interior and prefects have authority to ban public gatherings, establish security zones, or impose house arrests. The last time the state of emergency was activated in mainland France was November 13–14, 2015, following the Paris and Saint-Denis attacks. It ended in November 2017 with the implementation of the Silt law, which strengthened internal security and counter-terrorism efforts. In New Caledonia, it was declared May 15, 2024, after violent protests resulting in a gendarme’s death. Curfews, meanwhile, are decided locally. Lecornu urged prefects to implement partial, localized curfews starting Monday evening. These can be enacted by mayors through their general policing powers, in coordination with prefects who ensure legal compliance. Prefects can act independently if mayors refuse. Curfews must be justified by specific circumstances and remain proportional to the threat. Judicial review ensures these conditions are met, and overly broad measures can be suspended. Violators risk fines. For example, the prefect of Guadeloupe imposed a curfew for minors in Pointe-à-Pitre and Abymes to address urban violence linked to demonstrations. Public demonstrations require prior declaration at the prefecture or mayor's office. They can be banned by mayors or prefects if deemed likely to disrupt public order. President Emmanuel Macron has instructed authorities to prohibit certain gatherings when needed. As with curfews, bans must be justified and proportionate, and can be challenged in administrative courts.

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La CroixParty-alignedCenteryesterday

State of emergency, curfew, ban on demonstrations... Who can make these decisions ?

Bias read (Center): The article provides a balanced explanation of legal procedures and powers related to emergency measures, without overtly favoring any political stance. It outlines the conditions under which these measures can be applied, references historical instances, and explains the roles of various officials,

BFM TVIndependentCenteryesterday

"If it is necessary, of course we could do it": what does the state of emergency allow, for the time being dismissed by the government after the violence?

The article discusses the French government’s current stance on implementing a state of emergency following recent violent incidents. It quotes officials suggesting that if necessary, such measures could be taken, but the government has opted against declaring a state of emergency at this time. The piece explores what powers a state of emergency would grant, including enhanced police authority and restrictions on movement, while highlighting the debate around its potential use. The article provides context on past implementations of similar measures in France and considers the implications of invoking such a declaration now.

Bias read (Center): The article presents a balanced discussion of the government's position and the legal framework surrounding a state of emergency, without overtly favoring one side. It includes quotes from officials and contextualizes the issue within previous uses of such measures, avoiding loaded language or one-s

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State of emergency, curfew, ban on demonstrations... Who can make these decisions ?

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