Cracking Down on Municipal Offenses: The Role of Reporting Agents in Luxembourg

2023-09-25 14:40:00

For several years, the Municipalities, supported by the Province of Luxembourg, have employed more and more reporting agents. With the aim of fighting once morest everyday incivility, governed by police regulations, such as illegal dumping of waste, nighttime noise, disturbance of public order or even offenses linked to vehicle parking.

Currently, around fifty agents are working in different municipalities in our province. It is they, as well as the police, who draw up the tickets for these municipal offenses. Apart from Arlon, which has its own service, these reports drawn up in the 43 other municipalities land on the desk of the provincial sanctioning official, Xavier Leclère. “It is important for the Province to make this service available to the Municipalitiesunderlines Coralie Bonnet, the provincial deputy. This allows you to have a specialized person, always up to date with the numerous regulations and laws and who is above the fray. It is also an interesting pooling of costs and it relieves the Municipalities . Then this offers harmonization in the sanctions, they are applied in the same way whether the offense is committed in Chiny or Bastogne.”

An increase of 40%

There is no shortage of work. In 2022, no less than 3,248 reports were processed by the Province. Which constitutes a famous increase compared to 2019, where the number was 1,491. For 2,024 PV in 2020 and 1,846 in 2021. And… 689 in 2016! “Luxembourgers do not commit more offenses, but there are more and more municipal inspectors, because the Municipalities make the environment and incivility their priority. This leads to an increase in the number of violations noted.specifies Coralie Bonnet.

Let’s stay in the figures, to see that in 2022, 72% of the files processed concern “Stopping and parking” offenses, i.e. 2,334 fines processed, compared to 1,139 in 2021. Environmental offenses represent 10% of the total ( i.e. 324 PV, compared to 193 in 2021).

It is therefore no surprise to see the “Stopping and parking” files largely at the top of the different types of offenses in 2022. Followed by the abandonment of waste (387 fines), nighttime noise (89), dirt on the road public (82), consumption of alcohol on public roads (78), non-compliance with collection hours (72), stray animals (70), disturbances to public order (67), non-compliance with waste sorting (49) and deliberate damage to a vehicle (41).

The sanctions for these incivilities are regulated by law. Fines can vary from €1 to… €200,000, depending on the type of offense and its category (which varies according to the magnitude). “The largest fine we have imposed is €1,500, for an environmental offence, details the provincial sanctioning official. If the facts are more serious, such as the pollution of a watercourse by a company, the file is referred to the Walloon Region.”

It is still good to know that throwing cigarette butts caught in the act can result in an immediate charge of €200 and €300 for illegally dumping a trash bag. “The immediate collection must be accepted by the person, otherwise the fine will be borne by the Municipality which may call upon a bailifffurther enlightens Xavier Leclère, in post for 8 years. If it’s an offense that involves two citizens, like a damaged car, we try mediation first.” In office for 8 years, he holds this position alone, with a support person in the event of his absence.

But the Province would like to strengthen this service with “a law graduate who will support Xavier Leclère in the analysis of files”notes the provincial deputy. “My role is not just to sanction, the tasks are varied, including that of continuous contact with the reporting agents, the mayors and the police, to advise and harmonize as best as possible”, adds Xavier Leclère. Upstream, in the face of increased demand from the Municipalities, the pool of reporting agents is growing thanks to the Province which is organizing training for reporting agents for the first time, at the continuing education center in Bastogne. Previously, it was necessary to leave the provincial territory to follow it. One more step in the fight once morest incivility, for a calmer and cleaner daily life.

“I like the proximity with the citizens”

Thomas Heuertz (33 years old), you are training as an assessor at the continuing education center. What is your background ?

Before, I was in security, then the Municipality of Aubange, where I live, opened a recruitment reserve for this position a few months ago. I decided to apply because I like the proximity to citizens, the collaboration with the police and, above all, the protection of the environment. The Municipality accepted, I was hired, so I am currently following the training, which ends at the end of November. I am training as a basic surveyor as well as an environmental surveyor. I will be an environmental assessor for the Municipality, the only one full-time.

What are the difficulties in this training and this profession?

Already, it is a very broad function, which affects many sectors and therefore regulations and laws. And these are evolving. The other delicate aspect is interactions with citizens who commit offenses. The goal is to make people understand, to educate. We also have conflict management courses, where we learn to dialogue and adopt the right posture.

Quickly Said

Two types of agents There are monitoring agents and environmental monitoring agents. Each function requires separate training to be sworn in and draw up the minutes. With different skills and areas of action. But in the vast majority of cases, agents follow both.

Legal framework Without going into too much detail, it is good to know that the SAC (Communal Administrative Sanctions) law defines five types of offenses. Administrative offenses (wandering dogs, daytime noise, etc.; included in a municipal regulation), mixed offenses (light such as nocturnal noise, damage to furniture or serious such as assault and battery, etc.), offenses relating to stopping and parking, environmental offenses (which include animal welfare) and finally road violations. Sanctions vary, among other things, depending on the type of offense and the scale. The deadlines are also different. For example, it is 6 months to 1 year for a disturbance of public order, 2 years for environmental offenses and 15 days for what concerns the “Stopping and parking” aspect.

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