full screen background image


21 September 2017 - October 5 & 6, 2017: ‘International Investment Law & the Law of Armed Conflict’ Colloquium on ‘International Inve ... +++ 21 September 2017 - 5 & 6 Οκτωβρίου 2017: International Investment Law & the Law of Armed Conflict 5 & 6 Οκτωβρίου 2017: ... +++ 29 April 2017 - Summer School on European Business Law, Corfu 2017, 24-28 Ιουλίου Το “Summer School” αποτε ... +++ 3 May 2016 - Εκδηλώσεις Τομέα Διεθνών Σπουδών – Κατεύθυνση Ι.Δ.Δ. ΑΝΑΚΟΙΝΩΣΗ Ο Καθηγ ... +++ 30 April 2016 - 9.5.2016: Ημερίδα – Το Πρόσωπο και η Οικογένεια στο Δίκαιο και την Κοινωνία   Το Ελληνικό Τμή ... +++ 30 March 2016 - 14th ICC Miami Conference on International Arbitration This conference provides an indispe ... +++

*Law of Aliens

Published on September 8th, 2018 | by Georgia Archonti


France: Constitutional Council upholds principle of “fraternity” and safeguards humanitarian assistance to migrants regardless of their status

On 6 July 2018, the French Constitutional Council delivered its decision no. 2018-717/718 QPC, which concerned a “priority preliminary ruling on constitutionality” (“question prioritaire de constitutionnalité“) of provisions under Article L622 of the French Code for Entry and Residence of Foreign Persons and the Right of Asylum (CESEDA). The question was brought by the Court of Cassation in relation to the proceedings against Cédric Herrou and the so-called “crime of solidarity” (délit de solidarité).

The Constitutional Council noted that the freedom to help others with a humanitarian goal, without taking into consideration the legality of their stay in France, can be inferred from the “principle of fraternity”, which has constitutional value. It is up to the legislator to ensure that there is a fair balance between the principle of fraternity and the safeguarding of public order. The Constitutional Council observes that assisting a foreigner with his transit (“circulation”) in the country does not necessarily lead to an unlawful situation, differently from assisting with the irregular entry into the French territory. Therefore, by condemning all assistance to the transit of an irregularly staying migrant, including assistance motivated by humanitarian purposes, the legislator has not ensured a fair balance between the principle of fraternity and the safeguard of public order. Therefore, the term “for irregular residence” under the first paragraph of Article L622-4 must be declared unconstitutional.

For further information click here

About the Author

Back to Top ↑