On the expulsion of imam Mahjoub Mahjoubi, the hasty communication from Gérald Darmanin | EUROtoday

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Was the expulsion of imam Mahjoub Mahjoubi, Thursday February 22, permitted by the brand new “immigration” legislation? This is what the Minister of the Interior highlighted on the social community X. “The radical “Imam” Mahjoub Mahjoubi has simply been expelled from the nationwide territory, lower than 12 hours after his arrestdeclared Gérald Darmanin. This is the demonstration that the Immigration legislation, with out which such a speedy expulsion wouldn’t have been potential, makes France stronger. »

Read additionally | Article reserved for our subscribers Gérald Darmanin welcomes the emergency expulsion of imam Mahjoub Mahjoubi permitted by the brand new immigration legislation

The expulsion order for the Tunisian imam, which The world was in a position to seek the advice of, nevertheless didn’t want the brand new legislation to be drafted. To legally base it, the Ministry of the Interior relied on article L. 631-3 of the code of entry and keep of foreigners and the appropriate to asylum (Ceseda). The latter gives that foreigners who’re normally not deportable – particularly as a result of they arrived earlier than the age of 13 in France or as a result of they’ve resided there for greater than ten years and are dad and mom of French minors (which was the case of Mr. Mahjoubi) – are not protected within the occasion of “behavior likely to harm the fundamental interests of the State, including the deliberate and particularly serious violation of the principles of the Republic set out in Article L. 412-7, or linked to activities of a terrorist nature, or constituting acts of explicit and deliberate provocation to discrimination, hatred or violence against a specific person or group of people”.

The point out of the violation of “principles of the Republic” is an addition to the “immigration” legislation and, in its expulsion order, the Ministry of the Interior attributes it to the 51-year-old imam who officiated on the Attawba mosque in Bagnols-sur-Cèze (Gard). But it is usually attributed intimately “explicit and deliberate provocation to discrimination, hatred or violence”. So that, even with out the brand new legislation, the administration had one thing to base its decree on.

Likewise, the very fact of getting resorted to an expulsion “in absolute emergency”, that’s to say with out going earlier than an expulsion fee, is just not a brand new chance. This is a process that existed earlier than the immigration legislation of January 24. L'“absolute emergency” is set by the Minister of the Interior underneath article 26 of the order of November 2, 1945 on the situations of entry and keep of foreigners in France. “The Minister of the Interior can problem an expulsion order as an absolute emergency, deviating from the standard procedures. This removes all ensures and in reality prevents recourse.”explains Serge Slama, professor of public legislation on the University of Grenoble-Alpes and specialist in foreigners' legislation.

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