From the threat of Olivier Véran on Tuesday to the annoyance of Emmanuel Macron on Wednesday evening, the signs of a certain feverishness of the government on the shortage of fuel were not lacking. It must be said that small incidents at the pump are increasing, and that part of the country’s services are at a standstill or on the verge of paralysis. So the gasoline must flow again, “whatever the cost”. Elisabeth Borne has thus decided to force the hand of the unions, by announcing requisitions of personnel. But how do you “requisition” an employee who is not working? And what would a striker risk to free ride? 20 minutes make the point.
Why is the government launching these requisitions?
The government launched the requisition on Tuesday of the personnel of the fuel depots of the Esso-Exxonmobil group on the Port-Jérôme site, and of the TotalEnergies depot in Flanders on Thursday. The action therefore remains for the moment limited to fuel stocks, and not to the production of refineries. It “will make it possible to ensure the shipment of products”, “normally today to the Paris region” by pipeline, a spokeswoman for Esso France said on Wednesday.
The objective for the government is therefore to provide a period of calm by supplying the pumps in the Ile-de-France and Hauts-de-France, two regions particularly affected by the closures of gas stations. Subsequently, “as you will be able to empty some of the stock in the depot centers, you will be able to allow the refineries to start operating normally again, since they will be able to store their fuel again in the depot centers”, hopes Olivier Veran.
How is a requisition done?
The use of requisitions is “very rare” and “strictly supervised”, specifies the lawyer specializing in labor law Marie-Océane Gelly, interviewed by 20 minutes. She cites three cases: in a public health emergency; to meet the “general needs of the nation”, according to article L2212 of the Defense Code ; and in the event of an “observed or foreseeable breach of good order, health, tranquility and public security”, according to Article 2215-1 of the General Code of Local Authorities.
It is the latter case that is put forward by the government. However, the requisition decision is taken by the prefect, which is “a way of returning the responsibility to them”, considers the lawyer. The prefect then sends a requisition order, with “a limited duration” and on which “the required service must be specified”, to the company concerned. It is then up to the company “to designate the employees and identify them to the prefecture”, continues Marie-Océane Gelly. In the case of the ExxonMobil refinery in Port-Jérôme, four employees, two for Wednesday and two for Thursday, were concerned and had the task of opening the valves of the depot. If necessary, the prefecture can thus send the law enforcement at the home of the requisitioned employee to notify him of the prefect’s order.
What are the limits for the state and the strikers?
Once the police in front of his door, or come to dislodge the picket, difficult to free ride. “It is an offense not to execute a measure taken by the prefect”, indicates Marie-Océane Gelly, and the offender is liable to six months in prison and a 10,000 euro fine. But it will first be necessary to see if “these decrees are in accordance with the law, validated by the administrative court and the Council of State”, continues the lawyer, putting access on “the notion of necessity”.
Similarly, the decree must be “territorially limited” and “can only concern the personnel essential to the proper functioning” of the depots. It is therefore impossible to requisition a manager or a computer scientist to open the floodgates in place of the operators. Finally, even in the event of refusal to comply, Marie-Océane Gelly recalls that the employee “does not have to be sanctioned by his company”, since he exercises his right to strike. A “fundamental” right, repeats the lawyer, who despairs of a “brutal way of proceeding”.