the Constitutional Council rejects in substance the Republicans' request for a shared initiative referendum | EUROtoday

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The first shared initiative referendum (RIP) will nonetheless wait. Thursday April 11, the Constitutional Council rejected the request of the Les Républicains (LR) get together “to give the French a voice again” in issues of immigration, in accordance with the needs of its president, Eric Ciotti. In its request, the proper had taken up measures from the “immigration” legislation censored in January.

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At the time, the 9 judges of rue de Montpensier thought of that that they had nothing to do in a textual content toughened by LR and its centrist ally within the Senate. “The Constitutional Council considers article 1 contrary to the Constitutioner of the bill aimed at reforming access to social benefits for foreigners », could we read in the decision communicated to World.

To comply with article 11 to which these referendums fall, LR limited itself to the economic and social fields in the articles presented. Among them was the establishment of a “condition of duration of residence” of 5 years for the fee of sure social advantages to foreigners in a authorized state of affairs in addition to the transformation of state medical help, thought of too beneficiant for foreigners and costly, by emergency medical help.

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In its choice, the Constitutional Council judges that the provisions showing on this initiative did certainly represent a reform regarding the social coverage of the nation inside the which means of the primary paragraph of article 11 of the Constitution. Once this situation was met, the physique judged the deserves of those provisions and detected unconstitutionality from the primary article of the textual content.

“Disproportionate impact”

This made the advantage of totally different social advantages topic to a situation of authorized residence of 5 years on French territory. “The Council judges that this rule is contrary to the preamble of the 1946 Constitution and that it is disproportionate”confirms an inner supply.

With this opinion, the constitutional judges reject what they understand as a measure searching for to determine a nationwide desire and recall that foreigners legally current within the territory profit from rights and freedoms just like the French. The Council sanctioned the disproportion of the measure on the length circumstances to permit these foreigners to learn from housing or household advantages specifically.

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The Constitutional Council judges that, by making the advantage of social advantages, a few of which can furthermore be of a contributory nature, for legally resident foreigners who aren’t nationals of the European Union, topic to a situation of residence in France of a length of at the very least 5 years or affiliation for knowledgeable exercise lasting at the very least thirty months, the provisions of article 1er disproportionately undermine these necessities. They are due to this fact opposite to the Constitution », particulars the Council within the choice returned.

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