Originally Posted by
IstKong
The first decision of the Conseil d'Etat was published recently. It's promising.
The Conseil d'Etat says that the right to enter France for french citizens is indeed a fundamental right, but the jurisdiction refused to examine the legality of the decree because the plaintiff didn't showed that his case was urgent enough to benefit from the "référé-liberté" procedure.
I think that the référé-suspension that the NY-based lawyer introduced may end this stupid policy soon. But we must wait 3-4 weeks to see the result.
If one wants to use the référé-liberté, he must prove that he his travelling soon, then he will have a result in 48 hours. Same goes for someone who wants to challenge the restrictions to leave the country of course.
https://www.conseil-etat.fr/fr/arian...1-02-10/449211
A nice (sneaky) way for the judges to bow to the government by rejecting the référé-liberté...
Why do you say that this référé-suspension is potentially important? (sincere question)...
I don't see any acknowledgment at all on the part of the government... quite the contrary. I see them justifying their ability to restrict movement.