France: Registered nurses’ commitment to immigration faces legal restrictions

“Country first”, renamed by the National Rally (RN), remains the party’s theoretical thread. If he were to enter Matignon at the end of the legislative elections (the second round will be held on Sunday, July 7), and candidate Jordan Bardella The plan “preserves social assistance for French people and sets conditions for access to “certain social benefits” such as RSA (active solidarity income) for those who have worked in France for five years.

In April, the Constitutional Council rejected the Republicans’ request for a referendummigrant WHO Non-contributory social assistance (national medical assistance, RSA, disabled adult allowance, etc.) is provided conditionally on the length of residence in France.

The president explained that “the Constitution does not prohibit the granting of certain social benefits to foreigners, if legal, subject to conditions of residence or activity, but this period cannot deprive vulnerable groups of their rights to national solidarity policies”. Laurent Fabius, former Socialist Prime Minister of the Council, in an interview Le Monde.

Jordan Bardella argues for a ‘double border’

Jordan Badla There is also talk of creating a “double border”. This concept envisages strengthening control over external borders.European Union The European Union said it wanted to “start negotiations” with “European partners” and implement restored controls at national borders to “preserve free movement in the Schengen area for European nationals only.”

Today, however, “you can’t stop Europeans from returning to France because the Schengen Agreement provides for freedom of movement,” explains Yves Pascouau, a senior researcher at the Jacques Institute. Delors. “Even if there is a referendum and the constitution is amended, this goes beyond France’s issue and it is the Schengen Agreement that applies,” he continued.

“You can no longer say these checks are just re-set for foreigners unless you do facial checks. So you have to control for everyone,” the researcher added.

However, since 2015, a number of countries have reintroduced identity checks at their borders, citing immigration pressures or the threat of terrorism. Eight countries have so far done so. (slovenia, Italy, Germany, Austria, France, Norway, Denmark, Sweden).

The EU also just adopted a reform of the Schengen rules at the end of May, which aims to clarify the framework for the reintroduction of controls at borders within the free movement area and to coordinate restrictions in the event of a health emergency.

Will national medical assistance be restricted or even cancelled?

The National Medical Assistance (AME) will still be proposed by the French government, a scheme that guarantees free health care to foreigners who have been in an irregular situation in France for more than three months, subject to a means test. Registered Nurse, Transformed to “critical emergency assistance”, reserved for situations where the prognosis is critical.

Here again there is a problem: the Constitution states that the state “ensures the conditions necessary for the development of the individual and the family” and guarantees health protection “for all”.

“To completely limit this state medical aid, or to eliminate it and all the dangers it could pose to public health, would be a violation of the constitutional dictates. Everything will be proportional to the measure”, estimates lecturer Anne-Charlène Bezzina correct people.

Birthright

The RN also intends to review the rules that allow the acquisition of nationality and proposes that “only children born to at least one French parent will automatically acquire French nationality”. He pointed out: “Any child born on French territory to two foreign parents will only acquire nationality if he or she applies for it from the age of 18.”

The measure echoes the 1993 Pascal Law, which made the acquisition of nationality between the ages of 16 and 21 subject to a clear declaration procedure. Answer. In 1998, the left-wing coalition government led by socialist Lionel Jospin abolished the system.

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The Constitutional Council did confirm a restriction Land Law in Mayotte In the 2018 Collomb Law, it was instead by highlighting the specific situation of this overseas territory, which is subject to strong immigration pressure. Anne-Charlène Bezzina believes that “a blanket restriction of land rights for the entire territory is not feasible in my opinion” unless the constitution is amended.

“Acquisition of nationality includes and The 1889 decree has been in force ever since. The Constitutional Council can give constitutional value to this acquisition of nationality by soil and blood, given that it is part of French history. “, the constitutionalist analyzed.

Banning dual nationals from certain jobs

The registered nurse ultimately hopes to The adoption of “organic laws and decrees” prohibiting “dual nationals” from performing “extremely sensitive” jobsJordan Bardella said it would affect “very, very few people.” In January, the party introduced a bill that would possibility People with nationality of other countries are prohibited from working in the French government and public companies.

Serge Slama, professor of public law, said the measure violated the principle of equality and opened the possibility of “appealing to the European Court of Human Rights or the Council of State”. In many countries, you cannot renounce your nationality. However, France “cannot tell other countries how to change their nationality evolution”, his colleague added. Gwenaelle calf.

(AFP report)