Administrative closure of businesses linked to drug trafficking: stronger police powers under administrative judicial review

The reform brought by the Law of 13 June 2025, through the new Article L333-2 of the Internal Security Code, marks a major shift in the administrative closure regime for premises linked to drug trafficking or money laundering. By widening the scope of the offences concerned and removing the requirement of a prior conviction, the legislator gives the administration a strengthened preventive power, now centred on preventing breaches of public order rather than criminal repression.

A strengthened administrative-policing logic

The mechanism rests on an administrative-policing logic, allowing the closure of premises as soon as a link is established between their operation and the commission or preparation of offences such as handling stolen goods, money laundering or criminal conspiracy. This approach raises significant legal-certainty issues, in particular as regards the immediate economic consequences for operators, independently of any final judicial decision.

The constitutional framework set by the Constitutional Council

The Constitutional Council, in its decision of 12 June 2025, framed this power with essential interpretative reservations. It requires in particular a direct causal link between the conditions of operation of the business and the offences targeted, and a strict proportionality requirement for certain categories of premises. These guarantees open up significant litigation opportunities, in particular through the action for excess of power before the administrative court.

Penalties and remedies available to operators

The penalty regime attached to breach of closure measures, together with the administrative and asset-related consequences for operators, reinforces the deterrent reach of the mechanism. The precision of the closure orders, in particular as to their scope and duration, is a central element both for the administration and for the defence strategy.

Sources

Source: Village de la Justice, Administrative closure of businesses linked to drug trafficking (Art. L333-2 CSI): conditions and remedies after the Law of 13 June 2025 (March 2026), by Mr. Charles Bruguière, lawyer at the Paris Bar.