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France - January 2024

Immigration law enters into force, following changes by Constitutional Council

On 27 January, the administration published a new immigration law easing deportation procedures, which has immediate effect. Following protests mobilizing an estimated 75,000 people across France, the Constitutional Council struck down 35 contentious provisions, out of a total of 86 articles. Provisions that are removed from the law include a five-year wait for immigrants to access family and housing benefits, the introduction of immigration quotas, and tightened restrictions on family reunification. However, provisions to facilitate deportation of foreigners presenting a “serious threat to public order” were maintained. Three articles were censured as unconstitutional, and the rest were rejected because they were considered outside the scope of the law. While the law importantly includes a ban on detaining migrant children (article 40), reflecting a recommendation from UN experts, it has been criticized by rights groups who noted that considerable obstacles remain for people’s rights. 

Sources: Constitutional Council, Vie Publique, Le Monde (1), Le Monde (2), France Info, Légifrance, Global Detention Project, European Council on Refugees and Exiles, Forum Réfugiés, International IDEA 

Primary categories and factors
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Rights -1 Rights  (-1)
Political Equality
Social Group Equality
Secondary categories and factors
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Rule of Law Rule of Law
Predictable Enforcement

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