Air France had seized the Constitutional Council on the subject after having been imposed on two fines of 15,000 and 20,000 euros in 2017, “for failing to reroute” foreign nationals.
Le Monde with AFP
Transport companies, air or maritime, will continue to pay heavy fines if they refuse to board foreigners in an irregular situation with a view to their expulsion, confirmed, Friday, October 15, the Constitutional Council.
The members of the court were seized of a priority question of constitutionality (CQP) introduced by Air France in the summer. After having seen two fines, 15,000 and 20,000 euros, in 2017 “for lacking his obligation to reroute” foreign nationals, the French airline turned to justice to challenge the foundation of two Articles of the code of entry and the stay of foreigners and the right of asylum (CESEDA).
The latter stipulates that this type of enterprise is liable to a fine maximum of 30 000 euros if it refuses such an expulsion: under the law, it is, in fact, “obliged to reduce without delay”, At the request of the authorities, the stranger to which the stay is refused “to the point where he began using the means of transport”.
The police officers responsible for the security of returns at the border
A Air France, who considered that such an obligation forced her, in fact, to acquire private escort companies to ensure security on board, the Constitutional Council replied on Friday that “the disputed provisions. Nor to the purpose or effect of paying for these companies an obligation to monitor the person to be re-routed or to exercise a constraint, such measures under the powers of the police authorities “.
Nor do they deprive the captain of his ability to land a person with a danger to safety, health, safety or the good order of the aircraft, “said the college, declaring the Contentious texts “conform to the Constitution”.
At the end of 2019, the Constitutional Council had already declared another component of the CESEDA, which allowed to inflict fines to these same carriers if they embedded on board, for France, foreign nationals. whose travel documents were not in good standing or fraudulent. In short, if the company had not properly controlled these documents (for example a visa) at the departure airport.