Article
French
ID: <
10670/1.me9a0s>
Abstract
Ref.: CE 4 and 5 -s-r., 11 July 2014, No 360 835, referred to in the tables in the Lebon Code (No Lexbase: A3117MUY) — Article L. 2212-4 of the General Code of Local Authorities ([Lxb = L8694AAA]) states that, in a situation of ‘serious or imminent danger’, the mayor is required to intervene to ensure the safety of the people concerned and must urgently inform the prefect of the department and inform him of the measures taken. The particular situation of danger justifies the mayor making use of his or her police powers to prescribe the implementation of security measures required by the circumstances, including the Council of State, in a judgment delivered on 11 July 2014, where private property threatened by the bursting of rocks is concerned. The fact that the danger concerns, in the first place, a group of owners in a joint ownership cannot therefore have it regarded as not relevant to public security or deprive the protective works of their nature as works of collective interest. However, if the municipality considers that the failure of the co-owners to fulfil their obligations has contributed to the creation of the risk situation, it will be able to bring an action against them seeking to establish their civil liability. To take stock of this decision, Lexbase Hebdo — public edition met Valérie Sanseverino-Godfrin, researcher teacher, Doctor of Law, HDR, Mines ParisTech, PSL Research University, CRC.