Legal Framework and Controversies Surrounding Curfews in French Cities

Clamart, Meudon, Rosny-sous-Bois… The list of cities under curfew is growing. Latest: Châtillon, in the Hauts-de-Seine. The mayor imposes a partial ban on public space for minors. Is it legal?

Seine-et-Marne, Hauts-de-Seine, Seine-Saint-Denis or even Val-de-Marne. In these departments, several cities have adopted curfews. For these municipalities, it is a response to the damage and riots committed since Tuesday evening.

That same morning, a traffic police officer shot and killed 17-year-old Nahel. During the night, businesses and public buildings were looted. Cars and means of transport ransacked. The police had to deal with rioters.

Are these temporary and mayor-enacted curfews legal? We explain to you.

For the mayor (Socialist Party) of Châtilon, Nadège Azzaz, there is no doubt. “The decrees establishing curfews are legal, as they are adopted in conjunction with State services. They are subject to legality checks: if necessary, if there is a problem, the prefect would have alerted us. The measure is in place to deal with exceptional cases and for a limited period“, justifies the chosen one. This decision, which she entrusts “do not take lightheartedly” pour “to be able to give a legal framework to the municipal police to be able to identify the identities of unaccompanied minors from legal officials“, is indeed regulated by law. It is governed by Article L2212-1 of the General Local Authorities Code. An article relating tothe right order” and the powers entrusted to mayors.

For the elected municipal official, the fact that the mayors have to make this decision still poses a problem for her: “There must be proportionate and adopted responses. That we do not leave the mayors alone, even if we are accompanied by State services with a legal framework.” Nadège Azzaz adds: “We would like to be able to have harmonized regulations at national level, so that mayors do not operate differently. If this is not done, there is no restriction framework for minors, at least those who cause chaos and who are identified. It is necessary to be able to restrict the circulation of these groups at these times. I also wonder about the responsibility of parents: why isn’t a 15-year-old child sleeping at these times?“

This measure limited in time is adopted in Châtillon, as in other cities, because of abuses. The town is currently the subject of “urban violence, breakage and looting“, Since “two to three days“. According to the mayor of the town: “There are mortar fire. A McDonalds restaurant was damaged twice, with mortars and battering. But these are basically damaged storefronts. There are also burned garbage cans. Residents are asked to bring in the trash cans, and when this is not done, we pick up all the trash cans lying around. There are no more garbage bins, but the situation justifies it, especially when we have warned beforehand.“Facts for which she specifies having engaged”systematically criminal proceedings“. Investigations are ongoing.

They are committed bysmall mobile groups from one city to another“, and for many, “not from the city“. The mayor (Socialist Party) specifies the contours of this curfew: “It is in place every evening, from 10 p.m. to 6 a.m., and runs until Wednesday, July 5 in the morning. It is renewable if necessary. This measure concerns exclusively minors unaccompanied by their legal guardians.“, details the elected municipal official. “The goal for us is to contain the violent events that we are currently experiencing, and to avoid their contagion. In the south of Hauts-de-Seine, the towns are very intertwined. We must limit the movement of these groups of minors, who have nothing to do in the street at these times. There are certainly also adults, but the curfew allows at least to tighten the framework for minors, and for the police to concentrate on the rest“, she adds.

The measure echoes the words of the Minister Delegate for Housing and the City Olivier Klein: “Parents have a responsibility: in the evening, if we do not want to experience new dramas, young people and adolescents must stay at home so that the return to calm is now our priority for all.“

Statements made during a visit this Saturday, July 1, to Persan (Val d’Oise). The town hall and the municipal police center were set on fire there during this fourth night of urban violence.

For his part, visiting the Créteil court in Val-de-Marne, the Minister of Justice, Eric Dupond-Moretti, insisted on recalling: “You have to tell the parents again that they care about their kids.” Remarks made the day after the sending of a circular which details the “firm and systematic” criminal response that he wishes against the participants in the recent urban violence. “Parents who are not interested in their kids and who leave them hanging out at night knowing where they are going (…) they risk two years in prison and a fine of 30,000 euros“, he added.

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