00:00This ruling concerns the general administrative police power at the national level.
00:04At the time, the President of the Republic issued a decree regulating automobile traffic.
00:09This decree notably requires drivers to possess a certificate of competence to drive a motor vehicle.
00:15Mr. Labonne has had his certificate of competence withdrawn by the police prefect.
00:20He is challenging this decision before the Council of State, arguing that the President of the Republic did not
00:25competence to issue such a decree without legislative authorization.
00:28The legal difficulty lies in determining whether a national authority can take general administrative policing measures applicable to
00:35the entire territory, even in the absence of a related law expressly authorizing it.
00:39The Council of State rejects Mr. Labonne's appeal.
00:42He believes that it is up to the head of state, by virtue of his own powers, to determine the measures
00:47police rules that must be applied throughout the national territory.
00:50It thus recognizes the existence of a general police regulatory power at the national level.
00:56Scope of the ruling: this decision establishes the existence of a general administrative police power at the national level.
01:02regardless of any specific legislative authorization.
01:05Under the 1958 Constitution, this power belongs primarily to the Prime Minister, who holds general regulatory power by virtue of
01:13Article 21 of the Constitution, subject to the powers of the President of the Republic.
01:17The ruling also helps to understand the coexistence between national police powers and local police powers.
01:24Local authorities may adopt stricter measures when local circumstances warrant it, subject to compliance with the
01:30rules of jurisdiction.
01:32Key takeaway is that the Labonne ruling recognizes the national authority's general administrative policing powers, even without legislative authorization.
01:39express.
01:39Subtitling by Radio-Canada
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