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Immigration law: was the Constitutional Council more zealous than European law?

2024-01-26T18:57:55.043Z

Highlights: The Constitutional Council censored the provision which allows the taking of a foreigner's fingerprints without the consent of individuals residing illegally. Eurodac, this package of European directives which establishes the right to asylum for the countries of the Union, is Byzantium. The wise men of the Montpensier gallery first recall the content of the text: “ The judicial police officer may resort to coercion to take fingerprints or photographs of a foreigners, in the event of a clear refusal to do so”.


ANALYSIS - The Wise Men have censored the provision which allows the taking of a foreigner's fingerprints without the consent of individuals residing illegally. However, Eurodac, this package of European directives which establishes the right to asylum for the countries of the Union,...


The law is Byzantium.

In its very long decision concerning the new law “

to control immigration and improve integration

”, the Constitutional Council notably censored the provision provided for in its article 38. It allows the taking of fingerprints and the taking of photograph of a foreigner without the consent of individuals residing illegally.

It is moreover

, as François Henri Briard, lawyer on the council, points out, “

the only real substantive censorship carried out by the Constitutional Council on this text

”.

The wise men of the Montpensier gallery first recall the content of the text: “

The judicial police officer may resort to coercion to take fingerprints or photographs of a foreigner, in the event of a clear refusal to do so. the latter to submit to these operations during an external border check or as part of a detention for the purposes of verifying his right of movement or residence...

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Source: lefigaro

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