In France, the authorities will have to allow foreign nationals to have physical access to the prefectures for their administrative procedures. The Council of State, the highest French administrative court, has challenged texts which imposed procedures only online.
For a little over a year, applications for a residence permit can only be made online, a totally dematerialized process. But several associations such as La Cimade, the League of Human Rights or the Syndicate of Lawyers of France have been alerted by users. They are unable to access the service due to lack of hardware. Mastering the language or the complexity of situations can also be a hindrance. Associations that find themselves alone in providing assistance to this public. They therefore seized the Council of State.
No exclusive use of teleservice
The latter has just decided: Given the characteristics of the public concerned, the diversity and complexity of the applicants’ situations and the consequences on the situation of a foreign national, in particular on his right to remain in France and, in certain cases, to to work, the registration of his application, it is incumbent on the regulatory authorities, when imposing the use of a teleservice to obtain certain residence permits, to provide (…) support “For the people concerned, writes the Council of State in its decision. The government cannot therefore impose exclusive use of teleservice if access to it is not guaranteed to all users. He recommends a support system for foreigners who encounter difficulties in front of their screen, or even the possibility of going to the prefecture.
The administration is obliged to propose another modality
For now, to access the staff of a prefecture, you have to make an appointment online. While waiting for the government to review its copy, the Council of State specifies that the administration is required to propose another method for submitting applications for a residence permit.
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