Immigration Law 2024: Massive censure by the Constitutional Council

Visit immigration policy in France has always been a controversial issue, due to the country's diverse political and social outlook. In December 2023, the French National Assembly adopted a immigration law aimed at reforming existing policies. The law addresses a range of topics, including the management of migratory flows, the integration of immigrants and national security issues.

The French Constitutional Council has just censured a significant part of the law immigration. This decision came after the text had been referred to the Council by several parties, including the President of the Republic, left-wing senators and deputies, and the President of the National Assembly.

The decision to censor 32 of the 86 articles was based on the concept of "legislative riders". These are provisions that have no direct link with the main text, in violation of Article 45 of the French Constitution. This censure represents a considerable intervention in the legislative process, underlining the constitutional limits of immigration legislation.

Analysis of censored articles

The 32 articles censured by the Conseil constitutionnel touched on several important aspects of the immigration law. Several of these concerned family reunification, a sensitive and often controversial subject. These articles were aimed at tightening the conditions of access to family reunification, which would have had a direct impact on many immigrant families in France.

Among the articles censured were those relating to the introduction of a deposit for foreign students. This measure was criticized for its potentially discriminatory nature towards foreign students and for its impact on France's attractiveness as an educational destination.

Access to social benefits was also censored. Articles aimed at restricting access to family allowances and personalized housing assistance for certain immigrants were deemed non-compliant. The Constitutional Council's decision was seen as a defense of the fundamental rights of immigrants in France.

Political reactions to the censure of the immigration law

The Constitutional Council's censure of several articles of the immigration law triggered a wave of strong political reactions in France.

Relief for the left

On the left, reactions were largely positive, with a general feeling of relief. Olivier Faure, first secretary of the Socialist Party, expressed his satisfaction, criticizing the government for having tried to push through a law aligned with far-right positions under pressure from the Republicans. Boris Vallaud, leader of the Socialists in the Assembly, followed suit, declaring the situation a double defeat for the government - both a loss of honor and a censure.

Manuel Bompard of La France insoumise pointed out that the Constitutional Council had recalled the incompatibility of Macron and Le Pen's "worst racist delusions" with republican principles. Clémentine Autain also criticized what remained of the law, calling it unworthy and contrary to the Republican motto. Sandrine Rousseau of EELV expressed relief, while Ian Brossat of the Communist Party stressed the incompatibility of national preference with the values of the Republic.

Rassemblement National and Les Républicains react

The reaction of the Rassemblement National was significantly different. Jordan Bardella, the party's president, denounced the decision as a "power grab by the judges", claiming that the Constitutional Council, with the support of the president, had censored the tough measures most approved by the French people. Several party members, including Julien Odoul and Thierry Mariani, called for a referendum to respond to the will of the people. to fight against immigration.

On the Republican side, the party expressed its frustration and anger. Éric Ciotti accused the Constitutional Council of judging politics rather than law, calling for constitutional reform to safeguard France's future. Guilhem Carayon and Olivier Marleix also voiced their discontent, calling the situation a "democratic hold-up" and accusing the Council of preventing democracy.

The Minister of the Interior and the majority

Interior Minister Gérald Darmanin was delighted that the government's entire text had been validated, despite the censure of numerous measures. Yaël Braun-Pivet, President of the French National Assembly, stressed the need to ensure the text's conformity with the Constitution, given that the National Assembly had been unable to deliberate on the text on first reading.