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Country of Decision : France
Court Name : FR: Constitutional Council [Conseil constitutionnel]
Date of decision : 04/10/2019
Type : Decision
Case Number/Citation/ Document Symbol : Décision n° 2019-807

M. Lamin J.

The Constitutional Council was seized on 11 July 2019 by the Court of Cassation (First Civil Division, Judgment No. 778 of the same day), of a priority question of constitutionality related to compliance with the rights and freedoms guaranteed by the Constitution of Article L. 556-1 of the Code on the Entry and Stay of Foreigners and the Right of Asylum (administrative authorities' decisions on the extension of detention in the context of last minutes asylum applications to avoid the execution of return orders). 

The applicant submited that the interpreation made by the Court of Cassation would deprive the judicial court of its role as guardian of personal liberty by giving exclusive jurisdiction to the administrative court to assess the legality of the decisions detention following an asylum application lodged by a detained foreigner. This would result in a breach of Article 66 of the Constitution. The applicant also argue that the right to an effective judicial remedy would be disregarded because of insufficient remedies against the detention order and the complexity resulting from the division of jurisdiction between the administrative courts and the courts in the control of detention.

Detention/ Alternatives to Detention; Effective remedy; Return/Removal/Deportation;

National law only (in case there is no reference to EU law/ECHR);


France,FR: Constitutional Council [Conseil constitutionnel], M. Lamin J., 04/10/2019
FR: The Constitutional Council ruled on the jurisdiction of administrative judge in case of challenge to the detention order following an asylum application made in detention