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Municipal police of France (1944-1995)



UDK 341 © I.A. Andreyeva, 2009

Municipal police of France (1944-1995)

I.A. Andreyeva *

The municipal police of France in the conditions of centralization and unification of a police system after World War II, a problem of its development in the early eighties — the middle of the 1990th in the context of elaboration of new approaches to safety is considered.

Reform of the French police of 1941 which major purpose was a nationalization of municipal polices 1 changed its organization by means of submission of all police services to the Ministry of Internal Affairs. Nationalization of municipal police was not the decision which is violently imposed by a political regime of Vichy, to deeply hostile municipalities of domicile. It quite corresponded to the interests of the police case, actively moved ahead his representatives throughout the previous decades (the union of commissioners of police, prefects) and meant organizational registration of that model of professional activity which began to develop since the beginning of the 20th century. Centralization of police services seemed at that time guarantee of modernization of a police system, rationalization of its functioning, professionalizing of the police case and ensuring republican values. By words Zh. Tarn, the chairman of the commission on preparation of the law on municipal police of 1999, "nationalization of police was the instrument of its growing and continuous modernization and efficiency. Even if this purpose seems today not quite realized, it allowed to provide in a question of provision of services of safety relative equality of citizens" 2. Also political circumstances had important value: after the end of World War II the influence of communists and if they were removed from the government in connection with signing of the plan of Marshall, then local governments of their position were strong more than ever In conditions when local authorities were considered as the dangerous opponents of the republic acting in archaic, patriarchal and kliyentelistsky space to leave such weapon as police in their hands considerably became stronger, it was not represented possible. However, its dependence on local political elite was exaggerated, the mayor was a representative of both the commune, and the state, and the chief of municipal police — the commissioner — was an agent of the state in a certain territory and in many respects was under supervision of the central power.

Therefore the nationalization of municipal police which is carried out by the Vichy mode was acceptable and for the power which was established after liberation of France. Despite Articles 89, 105 Constitutions of 1946 3 which assumed a remunitsipalization of the state police in the cities this measure did not carry out transfer to submission of the mayor of its personnel, any of the governments of post-war France. The police about 1700 communes remained, thus, state Opposite, formation of the uniform centralized police system continued. Deprivation of the Prefecture of police of Paris of organizational autonomy which it kept even in the years of the German occupation became the largest event in this direction. Harmful consequences of organizational inconsistency of the French police were highlighted by notorious business Majdi Bin Barka (l’affaire Ben Barka) — the Moroccan oppositional political figure who was completely gone in 1965 in the center of Paris. Circumstances of incident in which officers were involved

* The municipal police of France published article in our magazine ": from "municipal revolution" 1789 before "nationalization" of 1941" (2009. No. 2. Page 35-42).

gendarmeries, were not found out. The law of July 9, 1966 (this day is considered date of creation of uniform national police of France) the Prefecture of police was included national police since January 1, 1968 4

At the same time mayors who a long time, leaning on municipal councils, resisted nationalization of municipal constabulary forces, being the effective instrument of social control in the conditions of development during the interwar period of a mass social protest kept the powers in the police sphere including on creation of municipal police. However for their realization the head of administrativnoterritorialny education had no sufficient organizational and material resources the Subsequent laws provided a possibility of an etatization of the remained municipal polices in the cities numbering less than 10 thousand inhabitants: at first at the request of communes, and subsequently — and according to the decision of the government if that was demanded by a situation 5. For implementation of police powers within the competence the mayors could address for assistance the government police institutions, and though interaction with them was extremely difficult, till certain time they did not seek to recreate municipal police First, it would be a serious financial burden for the commune, secondly, the competence of municipal police officers was extremely limited and not quite corresponded to those tasks which were assigned to her head. For example, the mayor had the status of the agent of judicial police, and his subordinates had in this sphere no powers (could not carry out arrest of violators, conduct searches, interrogations and t e)

It is necessary to add to it that the problem of ensuring public order at the local level which solution was assigned in the period of the Third republic to mayors practically disappeared from a range of significant political problems of post-war France Activity of local, former municipal, police divisions was reoriented on the solution of problems of national scale according to the French researchers, the emphasis in safety in the 19501970th was placed on prevention and suppression of mass riots. "It is possible to tell that the power was most of all anxious with flashes of social fight, especially extremist activity of go-shistsky groups. The public discourse of that time is structured around a problem of political violence and on how police to behave in these conditions" 6. In 1969 Marselin, the Minister of Internal Affairs of the government Zh. Pompidou, wrote the book

with the symbolical name "Public Order and Revolutionary Groups".

According to D. Monzharde, which works (for example, "Ce que fait la police, sociologie de la force publique". Paris, 1996) are considered as classical in the French historiography of police, negative consequences of reform of 1941 also consist in this deviation of police from the solution of local security concerns. As ensuring public order was understood from now on more as "maintenance of an order and domination in public space in the opinion of various protesters", the police lost functional interest in the urban area 7. This, by D. Monzharde's definition, "the functional gap" between police and the city was complemented with loss of communication between the police officer as the person and the city as the territory of its accommodation. When a set of frames in territorial police services municipal authorities knew, their employees, as a rule, were locals: they knew the city, and the city knew them. The system of completing, preparation, distribution and movement of shots in the nationalized police excluded a long binding of the employee to one duty station. As a result the employee worked in the city where nobody knew him, and he knew nobody which he sought to leave quicker for promotion the contribution, along with the reasons noted above (new priorities in protection of public order and t e), in defiance of direct interaction of police and the population brought development of technical means of communication. So, the mass installation of telephones which gave to citizens an opportunity quickly to contact police, led to sharp increase in the complaints and addresses demanding its urgent intervention. The "center" managing actions of police began to carry out their selection and to readdress the police officer "on the earth" in the form of orders and to achieve quick response to addresses of the population, police provided with a radio communication and motor transport Having changed on the car, having become agents of the center, police officers, in the majority, began to show indifference to what occurs behind car glasses. "... The police officer became autonomous, independent of that environment in which he worked. Development of means of communication led to growth of isolation of police from society" 8. "And as it is about a profession which essence consists in knowledge of the territory and in close contact with the population, it was difficult to construct the mechanism more dysfunctional" 9 — the researcher summarizes. Thus, simultaneous influence of several factors — a rupture of natural communications between police and the city because of an etatization of police and emphasis of its activity on maintenance of a public order, hardware and development of communications — led to creation of police which "worked in space, but did not know the territory" It appeared incapable to react to the inquiries of citizens changing since the end of the 1970th, to cope in the 1980th with street crime, to propose the solution of modern problems of youth and teenage crime, etc. The slogan formulated D Monzharda — "pereizobre-st city police", "which has to seize the urban area again", since the end of the 1990th found a constant registration in works on police subject 10

Eventually the specified developments of police services led to loss of trust to them from the population of the item. Disappearance "pedestrian patrols, an ilotazh, protection on the street, in public places, transport" as "pedestrian patrol on a certain site (ilot) — an Alpha and Omega of police presence and public safety" 12, became in the 1970th one of factors of increase in the public uneasiness connected with fear to fall a victim of crime In studying this phenomenon in the 1980th develops several approaches 13. Representatives of "ontologic" approach directly connected growth of uneasiness of the population with direct increase in crime (from 1963 to 1977 the crime in France grew almost by 3 times 14). However many researchers convincingly proved lack of direct link between rise in crime and "feeling of insecurity" at the population that contributed to the development of "constructivist" approach, within which formation of public moods was studied during the public discussions, Supporters of "synthetic" approach claimed that "the feeling of insecurity" precedes rise in crime, serves as its prerequisite, but in further developments their interference 15 Anyway among the most important reasons of the phenomenon is observed the loss of trust to police directly connected with reduction of everyday police presence — on the street appeared in public places, parks and t d

In the mid-seventies concern of the population in security status led to growth of cases of self-defense, sharp politicization of a problem of fight against crime that was reflected in scope of a debate during national and municipal elections the Irony of history was that unification and an etatization which were represented in the middle of the 20th century as undoubted progress and overcoming shortcomings of police by the beginning of the 1980th were criticized — for the shortage of shots, lack of means, inefficiency — for the same, as the municipal police at the beginning of the 20th century 16 At last, since the end of the 1970th a safety problem at the local level gained value of one of priority national problems, and in the context of attempts of its decision the spontaneous revival of municipal police began. It fitted into the general process of decentralization of the French state. In November, 1975 the president of France V.Zh. D'Estaing charged to the commission to generalize experience of administrativnoterritorialny formations under the chairmanship of O. Gishar and to develop the main directions of reform of local authorities. Work of the commission was summed up by the report "To live together" ("Vivre ensemble") in which the centralization of public administration which strangled local democracy was subjected to sharp criticism and the conclusion was drawn on need of development of fundamental laws which accurately would define the sphere of competence of the central and local bodies. O. Gishar emphasized a discrepancy problem between legal powers of the mayor and practical opportunities to execute them in view of nationalization of municipal polices in 1941: "Police powers of the mayor as they were defined by the law on April 5, 1884, are some kind of monument taken out of a context They cannot be carried out more according to their exact definition" 17. From now on preparation of so-called laws of decentralization began. The Law of March 2 became a "locomotive" of reform

1982 which in 1982-1985 a series of the specifying laws, decrees 18 followed.

Police sphere from the second half of the 1970th, in view of concern of the population in security concerns, became one of priority activities of mayors and municipal councils and the most important subject of a debate in the period of the local electoral companies. Municipal elections

1983 , entirely last under the sign of safety, the journalist Mond E Plenel figuratively called "ballot boxes of fear" 19. The political career of mayors more than representatives of other levels have authorities, depended how they reacted to inquiries and expectations of the population, therefore as T. Le Goff noted, ".mera were forced to support opinion that they are capable to provide public order at the local level All complexity of situation was that. expectations of the population were based on revaluation of their real powers" 20. The similar situation was explained by the fact that, on the one hand, citizens often refused to penetrate into legal subtleties, with another — and people's deputies, as a rule, badly understood what police power they have in what

a case they are a subject of administrative police and in what - judicial. Moreover, according to results of research F. Teye who is carried out in 1995 on the basis of questioning of thirty mayors they had no fair idea and of what they have to do as the head of territorial entities and that — as agents of the state in the territory of the commune 21.

During decentralization of management in the 1980th when there was a redistribution of powers and competence between central and local authorities, "mayors were forced to undertake the increasing responsibility because people, first of all, considered them responsible for safety in the city even if the legal reality was more difficult we Will add to it that establishment of municipal police is an effective argument on elections in the context of sharp concern of the population in safety issues" 22.

It is not surprising that search of the solution of problems of ensuring public safety up to the beginning of the 1990th most actively took place in the circle of local political elite. The policy of "social prevention" "Became result work was begun by the mayor Marseille Zh. Deferr, and the directions were designated by the mayor Grenoble A. Dyubedu, and then the mayor of Epine Zh. Bonnmezo-nom" 23. In 1982 in the final report of the commission of mayors on safety issues under the chairmanship of Bonnmezon "Against crime: prevention, repression, solidarity", become an important milestone in formation of local security policy, need of cooperation between the state and territorial entities for crime prevention was approved Bonnmezon recommended to concentrate efforts in the sphere of fight against crime on its prevention and to confer responsibility for this work for the mayor. He presented also a formula of efficiency of safety — "prevention, punishment, solidarity" 24 Soon in France were founded National council of crime prevention (CNPD) and the relevant councils in departments (CDPD) and communes (CCPD). During 1988-1992 the policy of "social prevention" was integrated into policy of development of the cities, the leading role in which was played by local authorities by this time, the attempt of the organization of work at the local level by means of introduction of "contracts in the sphere of preventive activity" — CAPS (contrats d’action prévention sécurité) — predecessors of the modern contracts of local safety (CLS) entered in 1997 belongs. Zh. Bonn-mezon was an initiator of creation of the European forum of city safety (FESU) in 1989, following

behind which national forums, among them and FFSU (French forum of city safety) 25 were founded.

We will notice that in the 1980-1990th not only the expediency of concentration at the local level of work on prevention of crime in combination with an integrated interdepartmental approach admitted France. In England the similar approach was approved by circular 8/1984, and since 1988 the implementation of the Safe Cities program ("Safer Cities") which established the basic principles of modern policy of prevention began: assignment of a certain responsibility on citizens that was expressed in distribution of practice of "neighbour's observation" ("neighbourhood watch"); territoriality; combination of efforts of all interested government and non-state institutions; expansion of powers of local authorities 26. In Germany in the early nineties were founded local councils of prevention which activity was coordinated at the federal level 27. Reforms of police in Belgium (1998) were the cornerstone two interconnected principles: complexity of planning of activities for safety and compliance of police activity to expectations of the population. Realization of these principles demanded development of strategic partnership, cooperation of police with bodies of social security, education, housing and communal services and sanitary inspection 28. The Italian researcher F. Karre noted that even against the background of the all-European concern in security concerns the attention of the French to this subject was unprecedented 29 V this period worked several special commissions creating absolutely new national concept of safety Safety was defined as the basic value of the French society, the "product" made together at the same time the state positioned itself more as the initiator, than the manager of management of safety

"Return" of mayors to the sphere of protection of public order and fight against crime happened in the context of certain administrativnopolitichesky processes in modern France and Europe in general. The centralized government faced loss of trust of citizens that was connected with inefficiency of a management system incapable to respond to the increased requirements to quality of public services 30. For fuller accounting of daily inquiries of the population which are better visible at the level of local reality the branch logic of public administration was complemented with territorial. A political thought the idea of "proximity to the population" which was directly testifying to a crisis of confidence of the political power — centralized, distanced from citizens 31 seized. The laws of 1983-1985 concerning decentralization of management solved a problem of approach of public services to citizens. "Proximity" in space, time and in the relations became the main instrument of achievement of efficiency that made "local" space of the solution of various social problems 32.

From now on as a result of "politicization of safety issues on municipal elections; need to make the worthy competition from public services to the sector of private safety; emergence of new threats to security in the cities which was promoted by technical progress; inefficiencies of activity of police in ensuring daily safety" 33 original revival of municipal police 34 began. The number of its staff doubled from 1984 to 1993 and trebled by 2008 owing to what the specific weight of municipal police officers in the total number of police officers was about 6% 35. In 1987 in the report of M. - L. Lalann summarizing work of the next commission the development of municipal polices caused by decentralization of the 1980th which made them "a significant component in safety and prevention of crime" was noted. In the 1990th the initiative in conceptual development of policy of local safety passes to the Ministry of Internal Affairs 36 that to some extent showed the aspiration of the central government to control process of decentralization of management and to adjust its results. The refusal of the state of monopoly of ensuring public safety which is expressed in transfer of a wide range of powers to municipalities of domicile and to subjects of "private safety", in our opinion, can be explained with the fact that performance of these functions was not any more the most important instrument of maintenance of legitimacy of the government as its inability to resist to modern forms of crime reduced trust of citizens to the state. But total rejection of performance of this role still more would delegitimizirovat the state the Idea of "proximity" of public authorities to the population was picked up by the central authorities and is the basis for national security policy in 1995 when the new Law on safety was adopted ("About orientation and establishment of the provisions relating to safety" of January 21, 1995 — LOPS). Its three fundamental elements — a safety territorializa-tion, safety understanding as social service and diagnostics of a local situation — were embodied in the government program of local contracts of safety of 1997. At the same time the government developed and adopted the concept of "close police" which experiment on introduction was begun in 1999

In the context of promotion of safety in the first row of national problems, development and implementation of new policy of "local" safety the development of municipal police received additional sense and a boost In the final report of the commission drafting the bill on municipal police admits that it "submits the inevitable and adequate response to rise in crime and feelings of insecurity of the population even if areas which establish the municipal police it is not always where crime rate the highest" as it was approved further, "a .ona — the police of proximity which are a part of the commune, included in her life so, familiar with daily cares of inhabitants It can be a useful and effective remedy of crime prevention which is not limited to the simple police answer" 37 Direct next consequences of these processes in 1996-2008 — updating of a regulatory framework of municipal police, further growth of its number, professionalizing of the case, embedding in the general security policy — led to recognition of municipal police the most important (third) element of a police system of France

1 Berlière J. - M. La loi du 23 avril 1941 portant organization générale des services de police en France. URL: http://www. crimi-nocorpus. cnrs. fr/article335.html (date of the address: 22.12.2008).
2 Rapport fait au nom de la commission des lois constitutionnelles, de la législation et de l’administration générale de la république sur le projet de loi (n ° 815) relatif aux polices municipales, par M. Jacky Darne. URL: http://www.assemblee-nationale .fr/11/rapports/r0857.asp (date of the address: 24.01. 2009).
3 Constitution de la IVe République. URL: http://fr.jurispedia. org/index.php/Constitution_du_27_octobre_1946 (date of the address: 25 02 2009)
4 Loi n ° 66 - 492 du 09 juillet 1966 portant organization de la police nationale//JO Lois et décrets du 10 juillet 1966 page 5899. URL: http://www. legifrance. gouv. fr/affichTexte .do? cidTexte=JOR FTEXT000000692468categorieLien=ciddateTexte = (date of the address: 12 12 2008)
5 Loi n°83-8 du 7 janvier 1983 relative à la répartition de compétences entre les communes, les départements, les régions et l’Etat * loi Defferre*. URL: http://www.legifrance. gouv. fr/jopdf/common/jo_pdf.jsp? numJ0=0dateJ0=19830109numTexte = pageDebut=00215pageFin = (date of the address: 28.01. 2009).
6 Le Goff T. L'insécurité "saisie" par les maires. Un enjeu de politiques municipals//Revue française de science politique. 2005. No. 3 (Vol. 55) R 415-444. URL: http://www.cairn.info/article_p.php? ID_ARTICLE=RFSP_553_0415 (date of the address:
15 01 2009)
7 Monjardet D. La police et la publique//Les Pouvoirs et responsabilités de la police dans une société démocratique. Strasbourg: Ed. du Conseil de l’Europe, 2000. P. 133.
8 Ibid. P. 136.
9 Ibid. P. 134.
10 Monjardet D. Réinventer la police urbaine. Le travail policier à la question dans les quartiers//Les Annales de la recherche urbaine. 1999. No. 83-84. P. 22.
11 Levy R., Robert P. Police, État, Insécurité//Criminologie. 1984. Vol. 17 (No. 1). R 54.
12 Monjardet D. La police et la publique//Les Pouvoirs et responsabilités de la police dans une société démocratique. Strasbourg: Ed. du Conseil de l’Europe, 2000. P. 136.
13 Levy R., Robert P. Op. cit. River 51.
14 Bauer A. Les taches de la police et les mutations de la de-linquance//Pouvoirs. 2002. No. 3. URL: http://www. cairn. info/re-vue-pouvoirs-2002-3-page-17. htm (date of the address: 13.04.2009).
15 Levy R., Robert P. Op. cit. River 52.
16 Berlière J. - M. Le monde des polices en France: XlXe-XXe siècles. Paris, 1996. River 221.
17 Le Goff T. Op. cit.
18 Houée P., Cloerec G. Les politiques de développement rural: des années de croissance au temps d’incertitude 2e édition, revue et augmentée. Editions Quae, 1996. River 191-193.
19 Ibid
20 Ibid
21 Teillet Ph. Le maire agent de l’État Représentations d’une fonction//Cahiers administratifs du Ponant. 1999. No. 2. P. 30.
22 Rapport fait au nom de la commission des lois constitutionnelles, de la législation et de l’administration générale de la république sur le projet de loi (n ° 815) relatif aux polices municipales, par M. Jacky Darne. URL: http://www.assemblee-nationale .fr/11/rapports/r0857 asp (date of the address: 24 01 2009)
23 Monjardet D. La police et la publique//Les Pouvoirs et responsabilités de la police dans une société démocratique. Strasbourg: Ed. du Conseil de l’Europe, 2000. River 137.
24 Bonnemaison G. Face à la délinquance: prévention, répression, solidarité: rapport au Premier ministre Commission des maires sur la securite (France). Paris; La Documentation francaise; 1983; 219 p. URL: http://lesrapports. ladocumen-tationfrancaise.fr/BRP/834037801/0000.pdf (date of the address: 20 02 2009)
25 Gorgeon C., Bailleau F. Vers un nouvel ordre social? Une autre lecture des questions d’insécurité et de délinquance URL: http://www. globenet. org/archives/web/2006/www. globenet. org/horizon-local/acadie/ordresocial.html (date of the address: 18 01 2009)
26 Crawford A. Les politiques de sécurité locale et de prévention de la délinquance en Angleterre et au Pays de Galles: nouvelles stratégies et nouveaux développements//Déviance et Société. 2001. No. 4. R 428.
27 Aden H. L’état protecteur, mobilization de nouveaux acteurs et repli sécuritaire les politiques de sécurité et de prévention en Allemagne dans les années 1990//Déviance et Société. 2001. No. 4. R 459.
28 I.A. Andreyeva. Police reform in Belgium//the International legal readings: mat-ly nauch. - prakt. konf. Omsk, 2006. Part 1.
29 Carrer F. Insécurité urbaine et politiques d’interventions: la réalité italienne//Déviance et Société 2004 No. 4 Vol 28 URL: http://www. cairn. info/search. php? WhatU=La%20police%20 municipaleAuteur=doc=N_DS_284_0463. htmID_ARTIC LE=DS_284_0463xb=DEBUT=#HIA_1 (date of the address:
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30 Boudreau J. - A. Territoire vécu, territoire stratégique et territoire institutionnalisé: de la redéfinition de la solidarité sociale à Los Angeles//Lien social et Politiques. 2004. No. 52. R 113.
31 Pudal B. La "Proximité" avec "la France d'en bas"//BBF. 2004. No. 2. URL://http://bbf.enssib. fr/sdx/BBF/pdf/bbf-2004-2/01-pudal.pdf (date of the address: 20.01. 2009).
32 Vieillard-Baron H. Entre proximité et distance, quelle place pour le terrain?//Cahiers de Géographie du Québec. 2005. No. 138. P. 409-427.
33 Boudou P., Chéné S. La police municipale, une fonction en évolution//Onpm info. Bulletin d’informations. 2008. No. 7. URL: http://ddata .over-blog. com/xxxyyy/1/05/59/21/0NPMinfo7. pdf (date of the address: 15.01.2009).
34 Ventre A. - M. Les polices en France//Pouvoirs 2002/3. No. 102. R 31-42. URL: http://www.cairn.info/search. php? WhatU=police%20municipaleAuteur = doc = N_ P0UV_102_0031. htmID_ARTICLE=P0UV_102_0031xb = DEBUT=20# (date of the address: 2.02.2009).
35 Malochet V. Les PM: quelle valeur ajoutée dans les systèmes locaux de sécurité?//Onpm info. Bulletin d’informations. 2008. No. 7. River 3-4. URL: http://ddata. over-blog.com/xxxyyy/1/05/59/21/ ONPMinfo7 pdf (date of the address: 29 03 2009)
36 Hebberecht P. et Duprez D. Sur les politiques de prévention et de sécurité en Europe: réflexions introductives sur un tournant//Déviance et Société. 2001. No. 4. R 371-376.
37 Rapport fait au nom de la commission des lois constitutionnelles, de la législation et de l’administration générale de la république sur le projet de loi (n ° 815) relatif aux polices municipales, par M. Jacky Darne. URL: http://www.assemblee-nationale. fr/11/rapports/r0857.asp (date of the address: 24.01.2009).
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