16 jun 2011 año - Law n. 2011-672: The compulsory residence order, alternative to detention.
Descripción:
Article 47: Reorientation of the right to return imposed by the transposition of the directive, according to which the necessity of detention is assessed on a case by case basis, with regard to the inadequacy of less coercive alternative orders in eliminating a risk of absconding, or a threat to public order.
The maximum duration of an alternative compulsory residence order is 45 days. It may be renewed once.
Any placement in detention is subject to the prior examination of the possibility of applying this alternative measure, which may be refused if a threat to public order, a risk of absconding following the removal order, or an absence of guarantees of representation exist.
For third country nationals who are parents of minors for whom a simple alternative residence order is not appropriate, a compulsory residence order with electronic bracelet is proposed. The aim is to limit the detention of families as far as possible. In this case, the agreement of the foreigner needs to be obtained.
Compulsory residence order if removal proves impossible in the short or medium term, when there is still a reasonable perspective of removal beyond the duration of detention and its alternative. The "return" directive is transposed, requiring an order to ensure minimum legal security for the persons who are the subject of a removal order and cannot comply with it in the short or medium term for reasons beyond their control.
It may be accompanied by an authorisation to travel, assessed on a case by case basis.
Except in the case of expulsion and a legal ban from French territory, this order is limited to 6 months, renewable once. This duration corresponds to the concept of reasonable prospect of removal, a criterion of the directive, and is consistent with the Court of Appeal’s jurisprudence according to which failure to execute a removal order over a period greater than one year no longer authorises detention.
Created electronic monitoring.
The compulsory residence order, alternative to detention, represents a significant change in the laws of detention. This is a real alternative, for the duration necessary for departure, for which the administrative authority must exercise great care. It triggers an expedite dispute procedure under conditions that are identical to those of detention.
Very clearly distinct from the compulsory residence order as an alternative to detention: it is not associated with preparation for short notice departure, but guarantees the third country nationals a right to remain on the territory until removal is no longer impossible.
Home Detention exists in Law and in Practice (2013).
Electronic Monitoring in Law and infrequently in Practice (2013).
Añadido al timeline:
Administrative Detention
Research Internship
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