The institution asks the executive to propose substitution solutions and better support users who poorly master digital tools.
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It is a downside brought to the dematerialization of all the steps concerning foreigners in France, in progress for several years. In a decision of June 3, the Council of State imposed on the Government to provide a substitution solution for all-digital.
The highest administrative jurisdiction had been seized by several associations and unions, including the Cimade, the Human Rights League or the Syndicate of Lawyers in France. The latter disputed in particular the decree of March 24, 2021, which provides that all the requests for requests for residence permits are gradually done by internet.
In its decision, the Council of State considered that this decree is illegal. “The regulatory power can only enact such an obligation on the condition of allowing normal access of users to the public service” and, to do this, it is up to it “to guarantee the possibility of using a substitution solution”, In particular to compensate for cases of “failure” of the teleservice. A foreigner must be able to file a title request other than in line. In addition, users who have no digital tools or do not master their use “must be able to be accompanied”.
The digitization of procedures for foreigners is the subject of strong criticism, in particular due to the difficulties of making online appointments in the face of saturated prefectures. On this specific point, the Council of State says, in a notice of the same day, that making online appointments cannot be made compulsory. “We congratulate ourselves that the Council of State gives us reason, reacts Lise Faron, of the Cimade. The prefectures will no longer be able to impose the appointment by internet for the requests for titles.”
While the Ministry of the Interior boasts “the end of the queues” and a “simplified approach”, on the ground, the observation is much more mixed. A report Information of May 10 of the Senate Law Commission also estimated that virtual queues have replaced the physical queues before the prefectures and that “the reception conditions of foreigners and deliverance of residence permits have deteriorated in recent years “. In question: a lack of material and human means.
“As long as there are not enough means devoted to the processing of requests, the situation of engorgement of the prefectures will continue, warns Lise Faron. We will hope that people are less blocked, alone, Behind their computer. This is an important step. “