the Constitutional Council abolishes the "crime of solidarity"

It will be a day marked by a white standard for all pro-immigration activists. Cédric Herrou, the farmer who has become the flag bearer of migrants in the south of France, on the border between Italy and France, has just won an unprecedented victory. His priority question of constitutionality brought by Patrice Spinosi and Henri Leclerc hit home. The Sages of the Constitutional Council recognized fraternity as a constitutional principle, in the name of Article 2 of the Declaration of Human Rights and with reference to the preamble to the Constitution and Article 72-3. "It follows from this principle the freedom to help others, for humanitarian purposes, without regard to the regularity of his stay on the national territory," says the Constitutional Council, which, as a result, censores the words "irregular stay" . At the same time, he is careful to recall that "no principle, nor any rule of constitutional value badures foreigners of rights of a general and absolute character of access and residence in the national territory" and whereas, furthermore, "the objective of combating illegal immigration is part of safeguarding public order, which is an objective of constitutional value".

Nevertheless, according to the reasoning of the guardian of the constitution, the fraternity recognized as constitutional principle will give much more freedom to the activists "No Border". If illegal entry remains an offense, the residence and movement aid for illegal immigrants is granted extended criminal exemptions. Until then, the texts, that is to say the article L622-1 and L622-4 of the code of the foreigners, provided that to help directly or indirectly a clandestine to enter, circulate or remain irregularly in France is a crime punished of five years imprisonment and 30,000 euros fine.

Criminal exemptions were provided. The latter will therefore be considerably enlarged thanks to the Constitutional Council which now considers that "the badistance provided abroad for its circulation does not necessarily have the consequence, unlike that brought to its entry, to create a situation illicit". In other words, and this is one of the major consequences of the decision, aid for residence and movement of illegal aliens, provided that it is provided "for humanitarian purposes and without any direct or indirect counterpart", can be recognized as lawful.