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1993 – 1994 PDF Print E-mail
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7 March 1993 – Decree no. 93-290 of 5 March 1993 was published in JO no. 56, establishing the National Council for the Integration of Immigrant Populations.

May 1993
– From 11 to 13 May, the National Assembly examined and passed a bill reforming the nationality code that was passed by the Senate on 21 June 1990; the bill established a procedure for acquiring French citizenship for foreign children born in France to parents born abroad, an administrative formality allowing them to express their wish to become French. The amendments concerned two points: the waiting period for acquiring citizenship for a foreigner who marries a French national was increased from one year to two years; and it questioned the acquisition of French citizenship, at birth, for children born in France to parents born in Algeria before independence.

2 June 1993 – A bill was introduced to the Cabinet regarding controlling immigration and entry, reception and residence conditions for foreigners in France. The bill aimed particularly at completing the immigration rights act, insuring actual integration of foreign families, fighting against abuse of procedures regarding the entry and residence of foreigners on French territory, and fighting illegal immigration (refusal to issue 10-year residence cards to students, to polygamous foreigners or to their spouses).

July and August 1993
– Act no. 93-933 of 22 July, called the Méhaignerie Law, was published in the JO, reforming the right to citizenship; as were the so-called Pasqua Laws of 10 August 1993 facilitating identity controls, and act no. 93-1027 of 24 August 1993. The Constitutional Council declared several provisions of the latter law to be unconstitutional: that any person escorted to the border be automatically denied access for one year; the ban on foreign students bringing their families to France; the possibility of putting an undocumented foreigner in administrative detention in order to send him/her back to his country of origin; the attorney general’s right to authorize a mayor to postpone a marriage. In addition, the Constitutional Council announced “interpretive reservations” on ten of the act’s provisions concerning asylum rights and the right of police to control foreigners’ residence permits. An act dated 30 December 1993 reintroduced to the ruling the measures that had been removed by the Constitutional Council in a slightly amended form.

The act of 24 August limited the conditions for delivering residence permits, notably those rightfully due, and provided for refusing and withdrawing residence permits from polygamous foreigners (and their spouses), and withdrawing residence permits delivered to refugees in certain cases. It limited the Residency Commission’s powers to a strictly advisory role that no longer bound the residency-permit delivering authorities; it also added to criteria for family reunification and reinforced expulsion provisions.

22 September 1993
– A bill was introduced to the Cabinet regarding various provisions related to controlling immigration and modifying the Civil Code. This bill adapted the measures of the immigration control law that had been declared unconstitutional by the Constitution Council on 13 August 1993: notably the time period of denial of access to France, of administrative detention and judicial detention, and particularly the conditional suspension of wedding celebrations when serious evidence allowed one to believe it could be a marriage of convenience.

1 January 1994 – Act no. 93-1416 of 30 December 1993 was published in the Journal Officiel. It concerned various provisions regarding controlling immigration and modifying the Civil Code (making it easier to control identity near the borders inside the Schengen area, provisions regarding residency of asylum seekers, etc.).

21 March 1994 – The first annual report of the National Advisory Commission on Human Rights (Commission consultative des droits de l’homme—CNCDH) was published, denouncing, among other things, reception conditions of foreigners in France, particularly in the government administrative offices (Préfectures), as well as the absence of recourse in cases when a visa application is refused. The CNCDH proposed creating more beds in reception centers and re-evaluating the integration allowance paid to foreigners.

9 August 1994 – The European Court of Justice pronounced the so-called Vander Elst Ruling, which was named after the plaintiff. The Vander Elst ruling modified secondment of foreign workers in the European Union: a foreigner of a third country who has a work permit in one of the member countries can be seconded to another Member State without having to get a work permit in that second country.

5 October 1994 – A bill was introduced to the Cabinet modifying the ruling dated 2 November 1945 regarding the entry and residence conditions of foreigners in France: the definition of the offence made up of facilitating the illegal entry, travel and residence of a foreigner in France was broadened to States that are part of the Schengen convention; transit waiting zones could be created in railway stations and foreigners held in a transit zone could be transferred to another one in view of facilitating his/her departure.

16 October 1994 – Decree no. 94-885 of 14 October 1994 was published in the JO, founding a Central Department for Immigration Control and Fighting Illegal Employment (Direction centrale du contrôle de l’immigration et de la lutte contre l’emploi des clandestins—DICCILEC).

December 1994 – On 16 December, the National Assembly passed the bill amending ruling no. 45-2658 of 2 November 1945 regarding entry and residence conditions for foreigners in France (notably in view of the Schengen Convention coming into force on 19 June 1990). On 28 December, act no. 94-1136 of 27 December 1994 was published in the JO.
Last Updated on Thursday, 08 October 2009 17:33