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Removal
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FRANCE
The legal basis for removal is contained in Articles 26 bis, 31 bis and 32 bis of the 2 November
1945 Ordonnance. In most cases the state bears the financial responsibility for removal.
Illegal Entry and Stay
The 1998 Penal Code regulates illegal entry or unlawful residence. While under the previous
Debré Law of 1997, the harbouring of rejected asylum seekers and illegally entered migrants
could be sanctioned, the 1998 Law cancelled this provision.
In line with its aims to combat trafficking and illegal migration, the current government included
the following in its new law on national security, (Loi No. 2003-239 du 18 mars 2003 sur la
sécurité intérieure):
Prostitution may lead to a prison sentence of up to six months and a possible withdrawal of
residence permit – this law aims at combating organized prostitution rings and human trafficking;
Foreigners with a short-term residence permit convicted for threatening the public order may
be expelled and accompanied to the border – this procedure is known as double peine –
double penalty; it is motivated by the threat that the offender represents for public security –
and has until now only applied to non-nationals convicted of criminal offences such as drug
abuse, trafficking or murder;
The interdiction of settling on public or a private property with “a motor vehicle” – public
security forces may seize the vehicle and suspend the driver’s licence for a maximum period
of three years.
Article 28 of the Law No. 2003-1119 amending Articles 21 and 21 bis of the 1945 Ordinance on
illegal residence and entry stipulates:
Any person directly or indirectly facilitating or attempting to facilitate entry or stay of foreigners
in France may be sentenced to up to five years of imprisonment and fined EUR 30,000.
The same fines and sentence are applicable to any person who infringes the provisions laid down
in the Palermo Protocol 2 on the facilitation of illicit entry or stay of migrants by land, air or sea
in one of the signatory countries.
As per Art. 28 II (1 to 6), the law provides for the following sanctions:
Entry ban for five or more years;
Suspension of driving licence for five years or more and twice the time for repeat offences;
Temporary or indefinite withdrawal of the authorization to carry out international transport
services;
Confiscation of the means of transport; all expenses incurred by the confiscation measure are
to be borne by the convicted person;