Written by Hadrien Pauchard (assistant researcher at Sciences Po Regulation College)
The second challenge of the Revue Critique de droit worldwide privé of 2024 was launched a couple of weeks again. It incorporates a wealthy thematic file of seven articles and several other case notes.
Underneath the path of Prof. Sabine Corneloup (Université Paris-Panthéon-Assas), the doctrinal part of this challenge is fully dedicated to an in-depth research of the most recent French immigration regulation (Loi n° 2024-42 du 26 janvier 2024 pour contrôler l’immigration, améliorer l’intégration). Consistent with the Revue Critique’s current coverage, this doctrinal half has been made accessible in English on the editor’s web site (for registered customers and establishments). In opposition to the backdrop of tightening migration controls on the world scale, this Act radically shifts administrative, procedural, and substantial elements of the standing of aliens in France.
The file opens up with Prof. Hans van Loon’s (College of Edinburgh, former Secretary Normal of the HCCH) name for La nécessité d’un cadre mondial de coopération pour une réglementation sturdy de la migration de travailleurs (The necessity for a cooperative world framework for a sustainable regulation of labor migration). Its summary reads as follows:
“Sustainable regulation of labor migration can’t be primarily based completely on unilateral initiatives by a given nation individually, however requires the event of a worldwide framework for cooperation between states, which is sorely missing at current. Each real looking and extremely bold, the creator proposes a – totally drafted – framework conference geared toward strengthening sensible cooperation at world stage for a specific kind of crossborder displacement of individuals for work: non permanent and round migration. This framework may subsequently be prolonged to different varieties of migration.”
Adopting the identical essential ambition, the following articles additional interact with the French invoice by following the order of its chapters.
On this vein, Prof. Fabienne Jault-Seseke (Université Paris-Saclay, UVSQ) first assesses the regulation’s provisions referring to L’accès au séjour : l’objectif d’intégration au service d’un discours brouillé (Entry to residency: the target of integration serving a blurred discourse). It’s launched as follows:
“Fabienne Jault-Seseke highlights the restriction of the situations for acquiring residence permits, each for brand new arrivals and for international residents making use of for long-term permits. With regard to one of many Act’s flagship measures – the regularization of undocumented employees in short-staffed occupations – the creator regrets that the reform’s contribution is in the end very restricted, and that its scope has been additional decreased by an administrative order, casting doubt on the legislator’s actual need to advertise work as an element of integration.”
Then, Prof. Thibaut Fleury Graff (Université Paris-Panthéon-Assas) severely judges L’éloignement des étrangers dans la loi du 26 janvier 2024 : régression des protections, extension des rétentions (The expulsion of international nationals underneath the January 26, 2024 regulation: regression of protections, extension of detentions). His contribution’s summary reads as follows:
“The creator reveals the regression in safety ensuing from the removing of legislative obstacles to expulsion. Rather than the overall, goal safety towards expulsion loved by sure classes of international nationals underneath the regulation, the reform substitutes a case-by-case evaluation, by the executive authority and the executive decide, of the rights and freedoms constitutionally and conventionally acknowledged for international nationals. This casuistic strategy to deportation is accompanied by new provisions facilitating measures that deprive or limit freedom (administrative detention, home arrest, bans), the length of which has additionally been prolonged.”
Within the fourth article, Prof. Natalie Joubert (Université de Bourgogne) takes a tough look on La loi Immigration du 26 janvier 2024 et les droits sociaux (The immigration regulation of January 26, 2024 and social rights). Her evaluation is offered as follows:
“Natalie Joubert highlights the problem of ‘disguised nationwide desire’, which was to have taken the type of a situation of size of authorized residence in France – in the end censured by the Constitutional Council – in historic context, earlier than exhibiting that this situation was not really censured in itself, however just for its extreme length. By way of making an allowance for the vulnerability of international nationals, the creator contrasts an advance in safety of entry to housing, with a regression within the safety of younger adults and asylum seekers.”
The Act additionally implements Une réforme structurelle du droit d’asile (A structural reform of asylum regulation), which is exactly the topic of Prof. Sabine Corneloup’s research. Its summary reads as follows:
“Within the subject of asylum regulation, essentially the most noteworthy contribution has been the structural reform of each the executive and judicial phases of the asylum process. Sabine Corneloup analyzes the territorialization of the 2 phases, which raises appreciable materials and human stakes, and reveals that the introduction of the precept of a single decide earlier than the Nationwide Asylum Courtroom, which removes the United Nations Excessive Commissioner from the process, can solely give rise to essentially the most severe reservations. Whether or not or not the collegiate system is maintained sooner or later will rely completely on the coverage of the President of the Courtroom. With regard to the standing of people, the creator reveals that, by the brand new circumstances of administrative detention and home arrest of asylum seekers, the Act impacts the very authorized grounds for such measures.”
The sixth contribution is authored by Stéphanie Gargoullaud (Cour d’appel de Paris) and tackles the procedural elements of La loi Immigration du 26 janvier 2024 et les règles du contentieux administratif et judiciaire (The Immigration Act of January 26, 2024 and the foundations of administrative and judicial litigation). The next summary was offered:
“Stéphanie Gargoullaud analyzes the regulation’s primary contributions to each judicial and administrative processes. The legislator’s acknowledged purpose of simplifying the foundations 4 meets a robust expectation on the a part of these involved, on condition that the French system had change into too complicated. Whereas simplification is perceptible within the case of administrative recourse, the place the variety of procedures has been decreased to 3, it’s hardly seen within the quite a few provisions reforming court docket course of regarding administrative detention and ready zones.”
Final however not least, Prof. Jules Lepoutre (Université Côte d’Azur) discusses La nationalité dans la loi du 26 janvier 2024 : une apparition éphémère, des questions persistantes (Nationality within the regulation of January 26, 2024: a fleeting look, some enduring interrogations). The summary reads as follows:
“Nationality and citizenship regulation was on the coronary heart of parliamentary debates, regardless that it didn’t characteristic within the preliminary invoice and occupies a somewhat anecdotal place within the enacted textual content. The provisions launched by the Senators in regards to the restriction of ‘droit du sol’, the extension of forfeiture of nationality, the elevating of language necessities for naturalization, and so on. didn’t move constitutional scrutiny. Jules Lepoutre reveals that each the coverage pursued by the legislator and the management exercised by the constitutional court docket reveal a lot about up to date points referring to belonging: the presence of reiterative ideologies, and the robust interconnexion between nationality and citizenship on the one hand and immigration and integration on the opposite.”
What’s extra, the worldwide viewers will undoubtedly have an interest within the Bibliographic part of the problem, which has at all times been a exceptional characteristic of the Revue critique. Underneath the path of Dr. Elie Lenglart (Université Université de Lille) and Dr. Sandrine Brachotte (UC Louvain), this part has diversified to incorporate main French-language and non-French-language publications in each non-public worldwide regulation and worldwide arbitration, in addition to up to date works in world regulation. Notably, some opinions are authored in English and can subsequently profit readers past the borders of the francophonie.
The total desk of contents is out there right here.
Earlier problems with the Revue Critique (from 2010 to 2022) can be found on Cairn.
