On pain of inadmissibility, pronounced ex officio, no irregularity prior to a hearing at the end of which the liberty and custody judge extended the measure may be raised at a subsequent hearing.
In the event of a breach of the formalities prescribed by law on pain of nullity or failure to observe essential formalities, the liberty and custody judge to whom an application on this ground is made or who notes such an irregularity of his own motion may only order the release of the detainee or his continued detention where this has had the effect of infringing the rights of the…
The judge may only order the foreign national to be placed under house arrest if he or she has effective guarantees of representation.The judge may only order the foreign national to be placed under house arrest if he or she has given the original passport and any document proving his or her identity to a police service or gendarmerie unit, in exchange for a receipt valid as proof of identity…
The liberties and detention judge determines the places in which the foreign national is assigned to residence. At the judge’s request, the foreign national shall provide evidence that the premises assigned to his or her main residence proposed for the assignment meet the requirements of effective guarantees of representation.
The foreign national assigned to residence pursuant to article L. 743-13 shall report daily to the police services or gendarmerie units territorially competent with regard to the place of assignment, with a view to enforcing the removal decision.
In the event of house arrest pursuant to article L. 743-13, the provisions of articles L. 732-7 and L. 733-6 to L. 733-12 shall apply.The detailed rules for the application of this article shall be laid down by decree in the Conseil d’Etat.
Failure to comply with the requirements of house arrest is penalised in accordance with the conditions laid down in article L. 824-4. The matter is then referred to the public prosecutor as soon as possible.
The liberty and custody judge, when the foreign national applies to the court for release outside the detention extension hearings pursuant to article L. 742-8, may reject the application without first summoning the parties if it appears that no new factual or legal circumstances have arisen since the detention or its extension, or that the information provided in support of the application clearly does not justify an end to the…
When an order by the liberties and detention judge ends the detention of a foreign national or places him/her under house arrest, it is immediately notified to the public prosecutor. The foreign national is kept at the disposal of the courts for a period of ten hours from this notification, unless the public prosecutor decides otherwise.
The liberty and detention judge shall inform the administrative court before which the foreign national has lodged an appeal against the removal decision, if any, of the meaning of his decision without delay and by all available means.Failure to comply with the provisions of the first paragraph shall have no effect on the legality and validity of subsequent procedures for enforcing the removal decision. >The administrative court shall inform the…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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