France: Constitutional Council rules that short timeframe to challenge expulsion while detained violates right to an effective remedy

Friday, June 1, 2018

On 1 June 2018, the French Constitutional Council ruled on a request for a priority ruling on constitutionality (question prioritaire de constitutionnalitélodged by the Observatoire international des prisons, the Cimade and Gisti. The organisations challenged the legislative provisions that establish a timeframe of 48 hours to challenge an order to leave the French territory (OQTF) for those who are detained, and that requires that appeal to be examined by a judge in a period of 72 hours.

The Constitutional Council concurred with the arguments set forth by the organisations and ruled that the timeframe is particularly short and does not conciliate the right to an effective remedy with the objective to execute the order to leave the territory while avoiding long periods of detention pending the outcome of the appeal. Therefore, as this timeframe violates the right to an effective remedy, the Constitutional Council ruled it contrary to the French Constitution.

Based on an unofficial translation by the ELENA Weekly Legal Update.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE. 



Effective remedy (right to)