BRIEF CONSIDERATIONS REGARDING THE ADMINISTRATIVE POLICE UNDER THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

摘要

THE PUBLIC ADMINISTRATION ACTION OF ENSURING PUBLIC ORDER IS CALLED ADMINISTRATIVE POLICE AND REGROUPS AN ENSEMBLE OF REGULATIONS TRADITIONALLY DEFINED BY A CLEAR AND IDENTIFIABLE PURPOSE, THAT OF PREVENTIVE MAINTENANCE OF PUBLIC ORDER, AND BY A CONCILIATION REGIME BETWEEN THE REQUIREMENTS OF PUBLIC ORDER AND THOSE OF PUBLIC FREEDOMS. CURRENTLY THE PURPOSE AND THE CONCILIATION REGIME DO NOT FULLY CHARACTERIZE THE ADMINISTRATIVE POLICE ACTIVITY, WHICH EXTENDS AS A NECESSITY FOR THE PRESENT NEEDS OF SOCIETY. THIS ARTICLE, BOTH CONCEPTUAL AND PRAGMATIC, TRIES TO ASSOCIATE THE RULES CONTAINED IN THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS WITH THE PRACTICAL ACTIVITY OF PUBLIC AUTHORITIES TO VERIFY THE HYPOTHESIS THAT THE ADMINISTRATIVE POLICE IS A PROCESS COMPATIBLE WITH THE EUROPEAN CONVENTION AND TO IDENTIFY A NUMBER OF PRINCIPLES THAT COULD BE GUIDELINES FOR DEVELOPING A EUROPEAN MODEL FOR PREVENTIVE MAINTENANCE OF PUBLIC ORDER.