November 30, 2021

Carriers must “re-route” illegal aliens, judges the Constitutional Council

The airlines or shipping companies redirecting people in an irregular situation are not, however, required to use force, “measures falling only within the competence of the police authorities”, judged the Wise Men on Friday.

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The Constitutional Council ruled on Friday, October 15. Airlines or shipping companies will continue to pay heavy fines if they refuse to board illegal aliens for deportation, but they are no longer required to use force.

The Wise Men were seized of a priority question of constitutionality (QPC), introduced by Air France in the summer. The group had received fines of 15,000 and 20,000 euros in 2017, “for failing to fulfill its obligation to re-route” foreign nationals.

The airline had turned to justice to challenge the basis of two articles of the Code on the entry and stay of foreigners and the right of asylum (Ceseda). The latter provides that this type of company is liable to a maximum fine of 30,000 euros if it refuses such an eviction. She is indeed “bound to bring back without delay”, at the request of the authorities, the foreigner to whom the stay is refused “to the point where he started to use the means of transport”.

Air France essentially considered that such an obligation forced it to set up private escort companies to ensure safety on board. “The contested provisions have neither the object nor the effect of imposing on these companies an obligation to supervise the person to be redirected or to exert a constraint on him, such measures falling solely within the competence of the police authorities. “, answer the Sages on Friday.

“They also do not deprive the captain of his ability to disembark a person presenting a danger to the safety, health, salubrity or good order of the aircraft”, they underline, declaring the disputed texts “in accordance with the Constitution”.