Minors of at least 16 years of age may become volunteer firefighters

The Conseil d’État recalls, first of all, the applicable regulatory framework, noting that ‘the activity of SPV, which is based on voluntary service, is not carried out in a professional capacity but under conditions peculiar to it’. This undertaking requires the written consent of their legal representative and is "subject to physical and medical fitness conditions corresponding to the tasks actually entrusted to the VPDs, preceded by a medical examination carried out by a fire brigade doctor". It also includes "a probationary period for the acquisition of initial training". Thus, “their professional engagement is done progressively as they acquire the skills essential to their safety.”

The Conseil d’État therefore infers that ‘the regulatory acts criticized cannot be regarded as undermining the constitutional requirement to protect the best interests of the child’.

Another argument of the union concerned the failure to comply with the Directive on the Protection of Young Persons at Work, according to which the employment of minors exposed to risks to their health, safety, morals or work exceeding their strength is prohibited.

First, the Conseil d’État acknowledges that “in view of their duties, in particular to fight fires and to rescue persons, the SPVs are likely to carry out work exposing them to certain risks”. However, it rejects this argument on the ground that "such an apprenticeship is essential for the vocational training of those adolescents who have chosen to engage as SPV". Consequently, the Conseil d’État infers that ‘their engagement takes place under conditions aimed at guaranteeing their safety and the protection of their health’.