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Old Nov 7, 2020 | 3:35 am
  #92  
NickB
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Originally Posted by IstKong
Hopefully the next time, the question will be asked to the Conseil d'Etat with all the legal basis, and not just a EU directive and a fundamental right of the EU. Because last time, the individual who referred this matter to the Conseil d'Etat didn't had the best legal arguments.
I don't understand your point here. The way I read the CE decision is that you can go to the airport to catch a flight notwithstanding the decree as the restrictions on internal free movement are not meant to apply to these (in other words, the restrictions and attestation derogatoire are needed for purely domestic travel only). Given that the view of the CE is that international travel is not affected by the prohibition on internal travel, I do not see how the outcome would be different by reference to any of the instruments you mention. Secondly, if invocation of EU law did not suffice, the suggestion that reference to the ECHR or, even more remotely, the Geneva convention (I assume you mean the Geneva convention on the status of refugees) would make any difference strike me as rather strange given the much stronger protection of free movement rights in EU law compared to the other regimes you mention.
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