mar 7, 2016 - Law n. 2016-274: Strengthens conditions of surveillance and control for foreign nationals under house arrest.
Description:
Article 27: --> Appeals lodged against the measure of removal or house arrest have suspensive effect over its execution. / Article 28 / Article 33 / Article 35: For instance, it is now possible to detain third-country nationals accompanied by minor children if they do not respect house arrest prescriptions. / Article 40: --> It is also possible for the authorities to request the use of police forces to ensure the implementation of the house arrest order and to visit the third-country national in order to place him or her in a detention centre or to remove him or her from the French territory. This use of police forces has to be approved by the Judge of Freedoms and Detention (juge des libertés et de la detention). The judge has to make a motivated decision within 24 hours after a request.
--> The reform on immigration law enables the Prefect to place under house arrest, systematically, any asylum seeker subject to a transfer decision.
--> Accordingly to this measure, the asylum seeker has to respect the limitations defined by the house arrest order. In case the asylum seeker has not obeyed the house arrest, he or she may be placed in administrative detention.
--> The Prefect can also request the Judge of Freedoms and Detention (JLD) to make an order to require the assistance of the police to ensure of the presence of the asylum seekers at the place he or she is supposed to remain or to operate his or her transfer. / Article 34: --> The reform of immigration law in March 2016 has instituted the possibility of notifying a house arrest to asylum seekers during the procedure of determination of the responsible Member State. The foreign national can be notified a house arrest for a 6-month period. This house arrest has to be motivated and it is renewable once for the same period of time. The foreign national then has to present him or herself to the Prefecture when asked to. The Prefecture can also seize his or her passport or identity documents.
Added to timeline:
Administrative Detention
Research Internship
Date:
