Measure distance from abroad in French right

In France

Although in France, the first law on this subject dates from the December 3rd 1849.
Nowadays, it is the Code of the entry and the stay from abroad and the right of asylum which defines the measurements for the distance from abroad , under various conditions:

the renewed at the border
the Expulsion
the Extradition
distance of office of the nationals of the Venezuela, the Brazil, the Surinam and the Guyana pertaining to the crew of a ship being devoted to activities of illicit fishing in Guyana (Article L532-1 CESEDA).

Today, the application of these measurements, in particular in the case of taken back at the border, is severely criticized by defense associations of the right from abroad (ANAFÉ, CIMADE, GISTI). The French police services are also regularly criticized for their behavior with respect to the foreigners (violences, accidental deaths) being the subject of these measurements, as well by associations as by the National Commission of the deontology of safety

Enfermement from abroad

A measurement of distance from abroad can be accompanied by one enfermement, generally intended to give time to the administration to apply measurement. Enfermement from abroad can be done in three cases:

the foreigner have just arrived to France by railway, air or maritime way. Two cases: it either is not authorized to enter on the national territory, or it makes an application under the right of asylum. In these two cases, it is placed in Area waiting
the foreigner already present to France and which is the subject of a measurement of distance of the territory (stopped Reconduite at the border, prohibition of the territory, expulsion). In this case, it is placed in a Retention center administrative or a Local of retention, or can be assigned residence
abroad having made a “infringement with the legislation on the foreigners” (irregular stay, subtraction with a measurement of distance). It is placed in Prison for one variable duration according to the “infringement” (from one to three years), then expelled at the end of its sorrow

Waiting areas

Until 1992, the foreigners placed in waiting area were regarded as not having entered to France, and not having located in a “international zone” where the French law was not supposed to apply, which made it possible the administration to maintain them unbounded of duration, without rules nor control. The French courts and the European Cour of the human rights condemned this legal Fiction, respectively in 1992 and 1996. A foreigner can be maintained in a waiting area only for one limited period, being able in practice to go up to 20 days. The waiting areas are intended the “nonallowed” abroads or to request asylums whose request is on standby (Article L221-1 CESEDA).

The foreigners placed in waiting area then returned in their country of origin are not the subject of one taken back at the border with the legal direction of the term, but of a “departure”, since they are not supposed being not entered on the French territory.

Administrative retention

detailed Article: Retention center administrative

According to the L551-1 article of the CESEDA, the foreigner being the subject of a procedure of renewed at the border can be placed in a Retention center administrative if it cannot immediately be the subject of a renewal. The measurement of retention is taken by order of the prefect, which must be notified abroad by the legal authorities, as well as the rights which are attached there, in a language that it includes/understands. Before 2003, a measurement of retention could not exceed 12 days. In 2003, this period was lengthened at 32 days.

History

Until the years 1880-1890, time of crises and tensions economic and social, the foreigners were not checked any on their arrival on the territory. The control from abroad was made a posteriori . The first jurisdiction concerning measurements of expulsion goes back thus to the law of December 3rd, 1849, which allowed to the Minister of Interior Department to pronounce taken back at the border from abroad in the event of disorder to the law and order. Nevertheless, before the law of December 3rd, 1849, the foreigners could be taken back at the border by simple decision of the authorities.

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