EU law and Human Rights threatened in France as new asylum law passes

  • Martin Macq
  • 2.5.2018 11:47

The National Assembly adopted on 22 April the controversial draft law on asylum and immigration which allows keeping asylum seekers, including children, in detention for up to 90 days, making it easier to deport people, shortening the process of asylum requests to six months and claimants will only have two weeks to appeal against rejection. Human Rights and European law could thus be broken.

The law, supported by the most of French president Emmanuel Macron’s party La République En Marche (LREM), would make the migrants be treated like criminals, according to opponents in the parliament. The shortening of the asylum request and the appeal procedure could not comply with the Guidelines on the protection of human rights in the context of accelerated asylum procedures, adopted in 2009 by the Committee of Ministers of the Council of Europe. Children detention allowed by the law is also in place in Hungary, where children as young as 14 can be detained. As Macron lectured some Eastern European countries in June 2017 regarding their disregard for EU laws and principles, it appears that he fails to respect them as well. Indeed, the European Court for Human Rights ruled six times in 2012 and 2016 that France's children detention was violating the prohibition on inhuman treatment or punishment. The new law does not prevent that.

About author: Martin Macq

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