French Supreme Court finds almost half of controversial immigration bill illegal

France’s highest constitutional body ruled that 32 of the 86 articles in the French government’s controversial immigration bill are unconstitutional, in a much-awaited judicial ruling on Thursday (25 January).

Measures on family reunification, student visas and immigrants’ access to social benefits have all been struck out of the final text, on grounds that they are either too far removed from the initial intent of the piece of legislation, or they ‘substantially’ veer off from the Constitution.

Provisions over migrant quotas and the end of an automatic granting of French citizenship when a child with foreign-born parents is born in France have also been removed.

This means the immigration bill that will get enacted is only half of what it was when French lawmakers first adopted it.

The immigration bill was adopted in December under heavy fire from opposition and civil society groups after right-wing and far-right parties severely toughened up the initial government text in hopes of securing their votes.

In an unusual move, French President Emmanuel Macron himself requested the Constitutional Council review the bill after its adoption in Parliament, in an attempt to shore up its legitimacy following the controversy around the text.

Interior Minister Gérald Darmanin had warned that some of the provisions in the text “ran manifestly against the Constitution”, but had given pro-Macron MPs orders to vote in favour anyway to ensure the text’s passage, come what may.

Far-right Rassemblement national’s (RN) Marine Le Pen had claimed the final text amounted to “an ideological victory”.

*This story will be updated.

[Edited by Nathalie Weatherald]

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