Question 11374 — font

Summary

Mr. Philippe Juvin draws the attention of the Minister of the Interior to the situation of agents of the territorial public service who do not have French nationality and carry out missions involving the direct or indirect exercise of public power prerogatives, in particular access to images resulting from video protection. It appears from regulatory provisions and constitutional jurisprudence that the surveillance missions of the public highway, tasks inherent to the exercise by the State of its sovereignty missions cannot be entrusted to public agents who do not have French nationality. The general management of local authorities has decided to this effect based on article L. 321-2 of the general civil service code, opinion no. 366313 of the Council of State of January 31, 2022 and decision no. 2011-625DC of the Constitutional Council of March 10, 2011, on the orientation and programming law for the performance of internal security. This reading of the texts has the effect of not allowing agents, and in particular ASVPs, to carry out all their missions while the needs in terms of public tranquility are growing. This is particularly the case for ASVPs attached to a municipal CSU and who have in the past been able to consult images from the network of video protection. Some of these agents, nationals of a Member State of the European Union, are also engaged in a procedure to obtain French nationality. He would like to know whether it is envisaged that these provisions will not apply to staff already in post, or to those engaged in a process of acquiring French nationality, in particular when they have received approval from the public prosecutor. for access to video protection systems and that they are nationals of a member country of the European Union.

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