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"A key measure of the censored" separatism "law: the strange argumentation of the Constitutional Council"

2021-08-16T15:32:44.565Z


FIGAROVOX / TRIBUNE - The Constitutional Council has censored the possibility of withdrawing or refusing a residence permit to a foreigner for "non-respect of the principles of the Republic". The Council abuses the notion of imprecision of the law, worries Jean-Éric Schoettl, former ...


Jean-Éric Schoettl was Secretary General of the Constitutional Council from 1997 to 2007. He is Honorary State Councilor.

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By censoring article 26 of the law confirming respect for the principles of the Republic [known as the law “against separatism”, Editor's note], which made the stay of a foreigner subject to the absence of manifestation by the latter of the rejection of principles of the Republic, the Constitutional Council abuses the notion of vagueness of the law.

From the decision of August 13, 2021, the politico-media commentary will retain that “the essence of the referred law is validated”.

One of the three censures pronounced, however, invites reflection, because it was a strategic provision in the context of the fight against "separatism" and that the reason for the censorship (imprecision of the terms of the law) illustrates the convenience of use, for the Constitutional Council, of the ground based on the negative incompetence.

The Constitutional Council censures the law for this reason when the legislator

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Source: lefigaro

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