Defining Instructions for the Use of the Judge’s Office in Discriminatory Identity Checks and Request for Legible Identification Numbers of Police Officers

The group action brought by several associations aiming to put an end to the practice of discriminatory identity checks (no. 454836) and the recourse in excess of power-injunction against the implicit refusal of the Minister of the Interior and Overseas Territories to grant requests to make the individual identification number of police officers and gendarmes (no. 467771) more legible and more effective is an opportunity for the litigation assembly of the Council of State to define instructions for use of the judge’s office.

Whether it is seized of a group action seeking the cessation of a breach of obligations having caused damage to several people placed in a similar situation or of a request seeking the annulment of the refusal made by the administration to a request tending to put an end to a breach of a legal obligation, the administrative judge must assess the existence of such a breach or such illegality and order the administration to take the necessary measure(s) to do so. end.

“However, and in any event, it is not up to him, within the framework of this office, to replace the public authorities in determining a public policy or to order them to do so”,…