France rejected: immediate rejections cannot be carried out at internal borders. What will Interior Minister Darmanin do now?
No more people kicked off trains at the Menton border . The Court of Justice of the European Union has rejected France's practice of turning away migrants at internal borders. According to the Luxembourg judges, “the EU directive on 'repatriation' must always be applied, even in the event that a Member State temporarily reintroduces internal border controls”. In practice, the Court of Justice of the EU holds that “irregular migrants must have the possibility to leave the territory voluntarily within a certain period .
Forced removal should only occur as a last resort." In a ruling relating to the appeal presented by several French associations, the European judges underlined that "if a member country decides to temporarily reintroduce internal border controls, the national government can adopt a rejection measure based exclusively on the Schengen code, but as regards the removal of irregular migrants, he is in any case required to respect the common rules and procedures established by the 'repatriation' directive".
The Court of the EU recalls that the community directive "applies to any citizen of a third country who has entered the territory of a member state without satisfying the conditions of entry, stay or residence, and this also applies in the case in which a migrant has entered the national territory even before crossing a border crossing where checks are carried out".
“The use of the possibility of excluding third-country nationals whose stay in their territory is irregular is permitted only in exceptional cases”, the judges point out, “and this occurs above all when migrants are subjected to a rejection decision at a border external border of a Member State, but the same does not apply when they are subject to a rejection decision at an internal border of a Member State, even if controls have been reintroduced". Finally, the Court of Justice of the EU underlined that "member countries can detain a third country national pending his removal, especially if he constitutes a threat to public order", and it is possible to punish "with imprisonment the commission of crimes other than the sole circumstance of irregular entry".
What will French Interior Minister Gerard Darmanin, the author of this rejection rule and who even sent helicopters to seal the borders with Italy, do now? You have two choices:
- ignore the sentence, exposing oneself to further appeals, this time in internal courts, up to and including some sanctions for France and personal ones;
- seek an agreement with Italy to contain entries at the external borders and stop the flow from North Africa
Even if the second choice would be more logical, we are certain that he will choose the first, because it is politically more profitable for President Macron. There is no solidarity in the EU, but only a blind and senseless power struggle.
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The article France rejected: immediate rejections cannot be carried out at internal borders. What will Interior Minister Darmanin do now? comes from Economic Scenarios .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/francia-bocciata-non-si-possono-fare-respingimenti-immediati-alle-frontiere-interne-che-fara-ora-il-ministro-degli-interni-darmanin/ on Thu, 21 Sep 2023 13:18:39 +0000.