On Friday, June 3, the Conseil d’Etat amended the texts requiring that foreign nationals apply for residence permits in France only online, and called on the government to provide “An alternative” to this dematerialization of public service.
The highest administrative court annulled the decree of March 24, 2021 and the decree of April 27, 2021, ruling in its decision that an exclusive use of teleservice can only be imposed if “Normal access of users to the public service and the effective exercise of their rights are guaranteed”. Alerted to many malfunctions for users who have not been able to complete their steps on the Internet since the entry into force of these texts on 1er In May 2021, several associations and unions, including La Cimade, the Human Rights League and the Syndicat des avocats de France, approached the Council of State.
Provide physical access again
In its decision, the Council of State wrote:
In view of the characteristics of the relevant public, the diversity and complexity of the applicants’ situations and the consequences for the situation of a foreigner, in particular for his right to remain in France and, in some cases, for registration of his application, it is the responsibility of the regulatory authority, when imposing the use of a teleservice for [pour les personnes concernées].
It is also responsible, for the same reasons, for guaranteeing the possibility of using an alternative solution, in the event that some applicants encounter, despite this support, the impossibility of using teleservice for reasons related to the design of this tool or its mode of operation.
In practice, this amounts to asking the state to re-provide physical access to the prefectures for certain cases. By the time the government reviews its copy, “The administration will, as an exception, be required to allow the deposit [des demandes de titres de séjour] in another way “the Council of State said in a statement.