The highest administrative court canceled, Friday, the decree of March 24, 2021 and the decree of April 27, 2021, considering in its decision that an exclusive appeal to the teleservice can only be imposed if “normal access From users to the public service and the effective exercise of their rights are guaranteed “.
Le Monde with AFP
The Council of State fell, Friday, June 3, the texts imposing that the procedures of foreign nationals to obtain their residence permits in France are only online, and asked the government to predict “a substitution solution “To this dematerialization of the public service.
The highest administrative court canceled the decree of March 24, 2021 and the decree of April 27, 2021, considering in its decision that an exclusive appeal to the teleservice can only be imposed if “normal access to users public service and the effective financial year of their rights are guaranteed “. Alerted to numerous dysfunctions for users who have not managed to carry out their steps on the Internet since the entry into force of these texts on 1 May 2021, several associations and unions, including the Cimade, La Cimade, La Cimade, La Cimade, Human Rights League or the Syndicate of Lawyers of France, had seized the Council of State.
predict physical access
In his decision, the Council of State written:
having regard to the characteristics of the public concerned, the diversity and complexity of the situations of the applicants and the consequences on the situation of a foreigner, in particular on his right to stay in France and, in some cases , to work there, the registration of his request, it is the responsibility of the regulatory power, when it imposes the use of a teleservice for obtaining certain residence permits, to provide (…) support [for the people concerned] .
It is also incumbent upon, for the same reasons, to guarantee the possibility of resorting to a substitution solution, in case certain applicants collide, despite this support, to the impossibility of resorting to the teleservice for reasons relating to the design of this tool or its operating mode.
Concretely, this amounts to asking the State to provide physical access to the prefectures again for certain cases. By what the Government reviews its copy, “the administration will be required, by exception, to allow the deposit [of the requests for residence permits] according to another modality”, completed the Council of State in a press release .