France is not going to detain aliens for the sole reason for staying illegally in its territory, even if they refuse to be escorted to the border, under a ruling of the Court of Justice of the European Union, according to a circular issued Thursday by the Chancellery and consulted by AFP.
The Luxembourg Court, written by an Italian court ruled April 28 illegal detention of irregular migrants if he refuses to leave the country.
"To comply with the decision of 28 April", the circular requires prosecutors not to place in custody and shall not proceed in case of an alien "violent behavior toward people in authority or public result of fraud (false paperwork), detachable from the offense of illegal residence or subtraction to an expulsion. "
The text also mentions "behavior to obstruct the enforcement of the expulsion order by the administrative authority was when first implementing the detention."
"It will be necessary now, before any prosecution based on Article 624-1 of Ceseda (code entry and stay of foreigners and asylum) to focus on characterizing a manifest lack of cooperation in the phase identification takes place during the administrative detention or resistance to the execution of the forced expulsion procedure, "recommends the circular.
According to the text, the European arrest produced "differences of interpretation between the various courts of appeal" in France, where illegal residence and subtraction are subject to deportation in prison.
Pursuant to this ruling, decisions favorable to foreigners were made in Nimes, Rennes and Toulouse and others against, were made in Paris and Marseille.
The ruling of the ECJ follows the "Return Directive" on the 2008 European arrangements deportation which provides for enforcement measures proportionate and graduated. Administrative detention is a last resort, according to this Directive which considers the sentence inconsistent with the objective of removing a foreigner.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.