The Council of State has ruled. Seized by several French people in the United States about the legality of virological tests of less than 72 hours required on boarding to return to France, the highest administrative court maintains the procedure, as restrictive as it is, on the grounds that French nationals have the option of obtaining a waiver, granted by the consulates, in the event that French citizens in the United States cannot obtain their screening results on time. The judge ruled in an order dated August 18.
“This decision does not call into question the mandatory PCR tests. The Council of State simply noted that there was a derogatory procedure and that it was put in place by the administration. He therefore considers that he no longer has to comment on it“, Specifies Me Pierre Ricard, the lawyer in charge of the case. The ordinance does not relax the criteria for granting the exemption either (“Exceptional and documented cases of inability to obtain a test within the allotted time”, “compelling reason to travel”, etc.), but specifies that the device, supposed to last until August 17, is extended. “The legality of the derogatory procedure was not under discussion. This therefore remains subject to the criteria of the administration.“, Adds Me Ricard.
The complaint came from New York lawyer Pierre Ciric and other French people who believed that the July 27 decree, requiring travelers from the United States and other countries to show a negative PCR test carried out within 72 hours before the flight, wore a “serious and manifestly illegal interference with the right to enter, stay and remain in France“, Among others. In the United States, this delay was considered untenable by many French people, who made it known loudly on social networks at the end of July.
The applicants also considered that the decision established “non-serious and objective discrimination which does not respond to any health logic“, Compared to travelers who have the opportunity to be tested on their arrival in France.
Noting that three of the plaintiffs had been able to return to France thanks to the consular exemption and the completion of a test within 72 hours, and that the other two had no intention of going to France imminently, the judge of summary proceedings considered that he did not have to follow up on the request “since there is no longer any infringement of the fundamental freedom constituted by the right of return“, Indicates Me Ricard. The latter considers all the same that the consular exemption “is and remains contrary to the law in force”Because it is not provided for in the decree of July 27. “The decree says one thing but the administration acts contrary to the decree“.
Pierre Ciric did not respond to our requests for comment. A press release from his law firm, The Ciric Law Firm, welcomes a “partial questioning”Of the testing obligation imposed by the government and indicates that the ordinance“is similar to the establishment of a health pass, without which the right of return is called into question ”. “In the event of a problem, this decision invites any French national who encounters difficulties with the consulates to refer the matter to the summary judge.“, Can we read.
