Question 2549 — Travelers

Summary

Mr. Vincent Trébuchet draws the attention of the Minister Delegate to the Minister of the Interior, responsible for everyday security, to the particular situation of the management of Traveler communities established on land exposed to these natural disasters, such as flood zones. Municipal mayors are often on the front lines of natural disasters, such as the recent floods. several departments and particularly the constituency of the deputy located in Northern Ardèche. A mayor of a town of less than 5,000 inhabitants in this constituency thus found herself faced with travelers refusing to leave land close to a river in flood even though the town offered them more secure and serviced land a short distance away. This situation is part of a global problem around the installation of Travelers: the requests for formal notice and expulsion often remaining unanswered, the exasperation of the mayors is immense. Articles L. 2212-2-5° and L. 2212-4 of the general code of local authorities place on the responsibility of the mayor, holder of municipal police powers, two series of obligations in terms of risks, which result in two types of responsibility: on the one hand, general obligation to prevent natural accidents and scourges of all kinds, to take assistance and relief measures, as well as to provoke the intervention of the higher authority (L. 2212-2-5°), on the other hand, a special obligation to take, in the event of “serious or imminent” danger, the measures imposed by the circumstances and to inform the higher authority (L. 2212-4). However, natural disasters do not fall under systematically of these “cases of force majeure”, which complicates the decision-making of local elected officials. Furthermore, even if the prefect has been able to proceed since 2007 with the forced evacuation of illegally parked mobile homes, after formal notice, without going through the summary proceedings judge of the high court, the deadlines for this procedure do not seem adapted to the times of natural disasters such as floods. In These times of emergency, the absence of clear directives can also expose the municipality, or even the mayor personally, to significant responsibilities. He therefore wishes to question him on the measures that mayors are authorized to take to prevent immediate risks for these populations and on the administrative simplifications that could be implemented.

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