French Asylum Application Deadline Conformity with EU Law

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French Asylum Application Deadline Conformity with EU Law

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Asylum application deadline, European Union law, French deadline conformity, Directive 2005/85/CE, Council of State ruling, asylum seeker rights, supranational norms, administrative detention centers, transposition period, EU directive transposition, asylum law, refugee status, Geneva Convention on Status, European Convention on Human Rights, Article 2, Article 3, OFPRA, French asylum procedure, EU asylum policy, asylum application procedure, refugee protection, human rights law, EU law conformity, Council of State decision, asylum seeker protection, administrative law, European directive implementation, national law conformity, international refugee law, asylum legislation, EU member state obligations, asylum application processing, refugee rights law, asylum procedure regulation, EU law interpretation, Council of State jurisprudence, asylum case law, human rights jurisprudence, refugee law jurisprudence, asylum deadline legality, EU law compliance, French asylum law, asylum application rules, refugee protection law, asylum seeker status, EU asylum directive, asylum law compliance, refugee law compliance, human rights compliance, asylum legislation compliance, EU law application, national asylum law, asylum law regulation, refugee status determination, asylum procedure law, EU asylum legislation, asylum law jurisprudence, refugee protection legislation, asylum seeker legislation, human rights legislation, EU law jurisprudence, Council of State ruling asylum, asylum law conformity, EU directive asylum, asylum application law, refugee law asylum, human rights law asylum, asylum legislation EU, asylum law EU, refugee protection EU, asylum seeker rights EU, EU asylum policy law, asylum law policy, refugee law policy, human rights policy EU, asylum procedure EU, refugee status EU, EU law asylum procedure, asylum law implementation, EU directive implementation asylum, French law asylum, asylum law France, EU law France, asylum procedure France, refugee law France, human rights law France

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Abstract

Analysis of the conformity of France's 21-day deadline for asylum applications with European Union law, specifically Directive 2005/85/CE.

Extract

[...] This judgment was rendered on 7 July 2010 by its 9and and 10and subsections combined, if it perpetuates this constant jurisprudence, however, it testifies to its fragility. In this case, a temporary residence permit had been issued to a Haitian citizen so that he could submit an asylum application in France. This application having not been filed within the legal deadline of 21 days prescribed by art. 1and by the decree of 14 August 2004, it is rejected as late by the director of the OFPRA. An action is brought by him seeking the annulment of the rejection decision of this request. [...]

[...] The fate of the decree at the end of the transposition period of the European directive It remained to be determined what would be the fate of this deadline at the end of this transposition period. It is towards later case law that one must turn to resolve this final question. In an important opinion of May the Council of State had to rule on the conformity of this deadline with the aforementioned 2005 directive, at a time when the transposition deadline had been completed. [...]

[...] A cassation appeal is therefore lodged against the latter decision by the dismissed applicant. He invoked in this case that the refusal by the director of the OFPRA to receive his asylum application solely because it had been submitted late violated two supra-legislative texts: the Geneva Convention on Status, first; the European Convention on Human Rights, second; and in particular its articles 2 and 3. This means had however been dismissed by the Administrative Court of Appeal, solely because the director of the OFPRA was legally obliged to refuse this late application. [...]

[...] The Council of State had, however, consecrated its legality, in the name of the compromise it intended to ensure between, on the one hand, the possibility of carrying out the aforementioned procedures calmly and, on the other hand, the 'particular interest that attaches to the rapid resolution of the situation of asylum seekers placed in administrative detention centers' (CE October 2005, GISTI, n°273198 and 273199). However, this interest justifies the existence of a short deadline: the maintenance of individuals placed in a legally uncertain situation on French territory was not obviously desirable. The 21-day deadline, therefore, was considered 'sufficient' by the Council of State. The applicant could therefore not, in this case, rely on the illegality of this deadline. He therefore relies on a means drawn from its inconventionality. [...]

[...] At the end of this study, one can wonder if the Council of State could have, from the outset, consecrated the incompatibility of the 21-day deadline with the 2005 directive. It could have, in this regard, used a mechanism that it had already used a few years earlier, which allows it to set aside regulatory acts issued in contravention of the objectives of the directive, and this even before the expiration of the transposition deadline (CE July 2000, France Nature Environnement). [...]

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