ORGANISATION OF THE DEPARTMENTAL GENDARMERIE IN THE LIGHT OF THE EUROPEAN WORKING TIME DIRECTIVE, DECISION OF THE CONSEIL D'ETAT

Résumé En

"When it comes to working hours, I will also state quite clearly that my determination is complete. Be it the gendarmerie or the military in general, both of them are not concerned by the notorious directive. Things were made clear, they have been notified to those involved and they will be carried through to their term ". When one knows that "real authority" in defence matters is assumed by the Head of State despite the original constitutional equivocation linked to the drafting of Articles 15 3 and 21 4 of the Constitution, one measures the significance of this statement issued by the President of the Republic on 18 October 2017 to the domestic security forces, in order to exempt the military bodies from the enforcement of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time. F