The French government has moved up the timeline for introducing a new law known as "casseurs-payeurs" (those who break, pay) in response to the damage caused by recent student protests. The proposed legislation aims to change how civil liability is handled, potentially requiring participants in demonstrations that cause damage to pay compensation, even if they did not directly cause the destruction. The law, officially titled dégradations commises dans l’espace public et au recouvrement des dommages et intérêts, will be reviewed by the Senate starting October 27, according to government spokesperson Maud Bregeon.
Currently, the French government is responsible for covering most damages from public gatherings under Article L211-10 of the Internal Security Code. This law holds the state "without fault" as a guarantor of public order. However, the state can pursue individuals identified as responsible for the damage. If the person is under 18, their parents may also be held liable under the Civil Code. Typically, insurance policies cover these costs, unless the damage is linked to events like foreign wars, civil wars, riots, or popular movements, in which case insurance companies may refuse to pay.
The government's "casseurs-payeurs" law would expand this liability framework. Under current law, a demonstrator is only held responsible if they are proven to have caused the damage. The new proposal would hold group members liable for damage, even if they did not personally participate, assuming each member caused the damage unless they can prove otherwise. This approach, known as "causalité alternative," has been used in other contexts, such as when a group of hunters injured a hiker with an unknown rifle or when children injured a classmate during a game.
To ensure funds are available for compensation, the government is proposing an exception to the insaisissabilité (non-seizability) of social benefits. Currently, housing assistance (APL) and family allowances cannot be claimed by creditors, except in rare cases. If the law is adopted, liability for material damage would become one of these exceptions, with safeguards to ensure families retain a "minimum standard of living," as stated by Prime Minister Sébastien Lecornu.
Opposition has criticized the proposed law as arbitrary, arguing it could allow legal action against individuals merely associated with those causing damage. Antoine Léaument, a member of La France Insoumise (LFI), criticized the measure on social media, calling it a "pas-casseur-payeur" (not-breaker-payer) policy that would force individuals near damage to pay. In contrast, Lecornu praised the rule as a simple principle: those who break should contribute to the repair.
French Government Proposes "Casseurs-Payeurs" Law to Address Damage from Student Protests
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