In a judgment handed down in September 2023, the Court of Justice of the European Union (CJEU) restricts France’s ability to push back migrants who cross its borders to other countries neighboring the European Union. Requested by a group of associations, the Council of State has just confirmed the decision of the CJEU.
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Following the judgment rendered in September 2023 by the Court of Justice of the European Union, a collective of associations then launched an appeal on the subject to the Council of State which has just delivered its opinion, this Friday, February 2 . The wise men confirm the decision of the CJEU. Concretely, the Council of State decided to cancel a sentence of the code governing the law of foreigners (Ceseda) which essentially allowed, in a large number of cases, the refoulement to the internal borders of the EU of foreigners who arrived irregularly.
It’s a victory for Laure Palun, director of the National Association for Border Assistance for Foreigners, who responds to Aram Mbengue: “Overall, the Council of State is in line with what was said by the Court of Justice of the European Union in September. Already, it cancels the article which allowed entry refusals in all circumstances and without any distinction.»
“Respect a framework»
“To be able to refuse entry, the administration must respect a certain frameworkinsists Laure Palun, it is a very positive decision in this sense also where the Council of State puts an end to the illegal practices of the police. Particularly in terms of detention of people, because until then, in Menton and Montgenèvre, there were illegal detention practices and the Council of State in its decision says that in fact we can no longer detain in this way and it clarifies the applicable legal regime.»
“And so that is extremely important, and it also reminds us of the obligation to respect the right to asylum, because we know that the right to asylum is not respected on a daily basis.», concludes the director of the National Association of Border Assistance for Foreigners.
Claire Hédon, the rights defender, had, in observations sent to the Council of State, considered that the readmission procedures to Italy were “very rare“. She had alerted on several points during the entry refusal procedures: variable use of interpreters, placement in a “shelter» cramped and uncomfortable, no legal assistance…
(With AFP)
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