Was the RIP on foreigners' access to social benefits really contrary to the Constitution?

2024-04-19T19:14:38.337Z

Highlights: The Constitutional Council rejected the proposal for a shared initiative referendum (RIP) from LR parliamentarians on foreigners' access to social assistance. He ruled that the establishment of a condition of minimum duration of residence of five years or affiliation to a professional social security scheme of thirty months for the payment of family and housing benefits to foreigners legally residing in France was contrary to the Constitution. Anne-Marie Le Pourhiet and Jean-Éric Schoettl: the motivation retained by the Constitutional Council, which proceeds by pure affirmation, does not carry conviction. The weakness and brevity of the argument once again illustrate the judge's embarrassment when he applies a heterogeneous constitutional preamble which was not intended to have any value. They say the Council's decision was not based on the Constitution, but on a "misunderstanding" of its own meaning.

FIGAROVOX/TRIBUNE - The interpretation of the Constitution made by the Sages to reject the proposed referendum of shared initiative of parliamentarians on immigration is questionable, analyze the constitutionalists Anne-Marie Le Pourhiet and Jean-Éric Schoettl.