“Breakers-payers” law: the Senate votes on a measure requested by Éric Ciotti

The Senate adopted in first reading, during the night of October 27-28, the “vandal-payer” bill. Certain social benefits, including family allowances, APL and RSA, could also be seized. A measure that echoes recent demands made by the mayor of Nice, Éric Ciotti, following damage that occurred around several high schools.

229 votes for, 105 against. After several hours of debate, senators approved the “vandal-payer” bill during the night of October 27-28. Backed by the government, the bill aims to strengthen the financial responsibility of persons involved in collective violence and facilitate compensation for victims of damage.

The central measure is based on the creation of a joint and several civil liability regime. Persons knowingly participating in a gathering formed to commit violence or damage could be forced to contribute to the repair of damages. The system also applies to persons remaining in a crowd after two warnings from law enforcement.

The amount claimed may reach 10,000 euros per participant. Responsibility will therefore not concern only those materially responsible for the damage, provided that the conditions set out in the bill are met. Exceptions are however provided for persons present for a legitimate reason, in particular independent observers and rescue workers.

The Minister of the Interior, Laurent Nuñez, defends this change in the name of victim compensation: “We cannot let all citizens pay for a few.”

Family allowances, APL, RSA: social benefits in the crosshairs

Another particularly discussed provision: the possibility of seizing certain social benefits to recover amounts owed. In its version adopted by the Senate, the bill notably concerns family allowances, family supplement, school start-up allowance, personalized housing assistance (APL), active solidarity income (RSA), activity bonus and specific solidarity allowance.

This seizure would however be regulated. It would require a final conviction for acts constituting a crime or misdemeanor and would occur after the settlement of priority claims, such as maintenance payments.

The left strongly opposed this provision. Several senators fear that the financial consequences of a conviction could indirectly affect members of the same family, particularly children. Green senator Mélanie Vogel notably denounced a measure that could make persons who committed no damage pay.

The Senate majority, for its part, defends the need to make compensation truly enforceable. The Minister of the Interior nevertheless announced his intention to ask the State Council to verify that the new provisions respect “the balance between solidarity and reparation.”

The bill was also expanded to other measures. Senators notably strengthened the possibility of using drones, extended certain periods for retaining video surveillance images and provided for new provisions concerning bans on demonstrations. Participation in a banned demonstration could notably become a misdemeanor.

The bill also provides measures concerning face concealment during a gathering, online content inciting certain offenses and the eviction of persons responsible for urban violence from their social housing.

Éric Ciotti had demanded financial sanctions after incidents in high schools

This adoption occurs as the mayor of Nice, Éric Ciotti, had recently taken a position on the issue of damage committed during high school mobilizations. At the beginning of October, after incidents that occurred around several establishments in the Alpes-Maritimes, the president of the Union of the Right for the Republic (UDR) had demanded that the families of the young people involved cover the costs of repairs.

On X, the Nice elected official had reacted to a post showing a fire in a Rouen high school. “The parents of vandals must pay for the cost of repairs to high schools,” he had written.

Éric Ciotti had also demanded sanctions concerning social benefits and social housing: “Their social allowances and social housing, if beneficiaries, must be cut and removed. It is not up to the taxpayer to pay!”

The bill adopted by the Senate thus aligns with some of the concerns expressed by the mayor of Nice regarding the financial accountability of persons involved in damage. The provisions voted, however, do not provide for automatic cancellation of social benefits for families of convicted persons. The mechanism contemplated is based on regulated seizure of certain benefits in order to recover amounts owed.

The bill must now be examined by the National Assembly. Its adoption by the Senate therefore does not mean that these measures have definitely come into force. The accelerated procedure initiated by the government provides for one reading by each chamber before a possible joint committee.