Lengthening detention durations under scrutiny by the Constitutional Council; Bruno Retailleau seeks direct inquiry at the entrance of Parliament
France's Constitutional Council Strikes Down Proposed Extension of Detention for Dangerous Foreigners
A proposed extension of detention for dangerous foreigners in France has been struck down by the Constitutional Council, deemed disproportionate and unconstitutional. The law aimed to extend administrative detention from 90 to 210 days for undocumented foreigners convicted of serious crimes while awaiting deportation.
The Council's ruling was based on the principle that individual liberty should not be restricted by a severity that is not necessary. The Council also invalidated a provision allowing detention beyond a judge’s release order if a prosecutor appealed, ruling this violated Article 66 of the Constitution which protects liberty.
Interior Minister Bruno Retailleau, who announced plans to modify the text regarding detention periods for suspected dangerous foreigners, acknowledged the Council's concerns. Retailleau will seek the Council of State's opinion before presenting the new text to Parliament.
The previously voted text aimed to significantly improve deportations. It proposed increasing the detention period to 210 days for individuals convicted of serious crimes like murders, assassinations, poisonings, tortures, acts of barbarism, rapes, sexual assaults, kidnappings, sequestrations, aggravated people smuggling, drug trafficking, or attacks on the fundamental interests of the Nation.
The Council's ruling was a factor in Retailleau's decision to modify the text. The left-wing elected officials' concern about the text's effectiveness was based on reports showing low expulsion rates. The new text to be presented by Retailleau is expected to address these concerns.
The aim of the modified text is to expel these individuals. However, it must comply with constitutional limits to avoid unconstitutional detention extensions. This reflects France’s constitutional safeguard against excessive administrative detention despite pressure for tougher immigration control after serious crimes committed by foreign nationals.
| Issue | Explanation | |-----------------------------------|------------------------------------------------------------------------------------------------| | Why struck down? | Extension of detention deemed disproportionate and unconstitutional; violation of Article 66 | | Scope of original proposal | Increase detention up to 210 days for dangerous foreigners awaiting deportation | | Council's specific objection | Overbroad detention powers; indefinite detention after judge’s release overridden by prosecutor | | Interior Minister’s response | Preparing new legal approach that complies with constitutional limits to improve deportation | | Left-wing elected officials' concern | Low expulsion rates reported; new text expected to address these concerns |
The Constitutional Council's ruling against the extension of detention for dangerous foreigners in France highlights the importance of adhering to policy-and-legislation that safeguards individual liberty, aligning with the principle that restrictions should not exceed necessary severity. In light of the Council's objection to indefinite detention after a judge’s release order, the Interior Minister, Bruno Retailleau, plans to draft a modified text that addresses constitutional concerns to effectively improve deportation rates, without violating the general-news worthy principle of not exceeding constitutional limits to avoid unconstitutional detention extensions.
