#CDHX2608648VOpinion on the Draft Reform of Municipal Police (A - 2026 - 3)
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The French CNCDH issued this unanimous opinion on 19 March 2026 regarding a government bill expanding the powers, resources, organization, and oversight of municipal police and rural guards. The bill, already passed by the Senate, aims to increase municipal officers' judicial police powers, allow them to record and punish certain misdemeanors via fixed fines, grant access to the TAJ criminal database, and experimentally permit drone surveillance. CNCDH strongly criticizes these changes as they blur the distinction between municipal police (traditionally preventive and proximity-focused) and national forces, risk constitutional violations because municipal agents remain under mayoral authority rather than exclusive judicial control, and could overburden saturated prosecutors' offices. The Commission warns of increased repression targeting vulnerable populations, creation of "quota" incentives via fine revenue going to municipal budgets, privacy risks from drones, and further disparities between rich and poor municipalities. It recommends rejecting the expansion of judicial powers, banning municipal use of fixed-delict fines, blocking TAJ access, and strengthening judicial oversight if the changes proceed.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Extension of municipal police judicial powers to record and punish misdemeanors including simple theft, drug use, illegal vending, building occupation, graffiti (effective after April 2026 parliamentary vote)
- Authorization to issue amende forfaitaire délictuelle (AFD) with revenue allocated directly to municipal budgets
- Granting certain municipal officers access to the national TAJ criminal antecedents database to check recidivism
+ 3 more changes with Pro
Obligations
What this law requires
Municipal police agents exercising supervisory functions must obtain prefectural authorization before exercising judicial police powers for misdemeanor investigation and prosecution
Municipal police agents placed under judicial police authority must be placed simultaneously under the direction of the prosecutor's office while maintaining mayoral authority for other functions
Revenue from fixed-delict fines (AFD) issued by municipal police must be allocated to the municipal budget
Municipal police supervisory personnel must demonstrate professional competencies and guarantees equivalent to those required of judicial police officers
Prosecutors' offices must exercise effective control and direction over municipal police agents engaged in judicial police functions