Question 18214 — security of property and people

Summary

Mr. Frédéric Barbier draws the attention of the Minister of the Interior to the concerns of the departmental fire and rescue services regarding the consequences of the transposition into French domestic law of European Directive 2003/88/EC of November 4, 2003. Law No. 2011-851 of July 20, 2011 provides, in its first article, that the activity of volunteer firefighter is based on the volunteering and volunteering, and is not exercised in a professional capacity but “under conditions specific to it”. However, European Union law and the decision of the Court of Justice of the European Union (CJEU judgment, City of Nivelles v. Rudy Matrak of February 21, 2018) tend to define volunteer firefighters as workers, subjecting the latter to the obligations governing maximum daily and weekly working hours. The transposition of the European directive will make the accumulation of working time and on-call time more complex for employers in the sense that it considers on-call hours as working time. While the emergency services are increasingly in demand and their operational activity is at maximum - like the SDIS du Doubs which is seeing a multiplication of situations to be handled by its agents - the transposition of the directive would restrict access to employment for volunteer firefighters. He therefore wishes to know the Government's motivations which would justify the transposition of the European directive into French domestic law. Furthermore, he would like to know what exemptions will be provided, in the event of transposition by decree, to preserve the model of commitment specific to the volunteer firefighter which is neither salaried nor volunteering.

Machine translation from French. The official text remains authoritative.

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