Laws

1986 – 1993 - 1997

Laws called « Pasqua-Debré »

Series of laws passed in 1986, 1993 and 1997 to regulate immigration, among which :

• Law No. 86-1025 of September 9, 1986 on the conditions of entry and residence of foreigners in France, called "Pasqua Law" in reference to the home office minister in office at that time, Charles Pasqua.
. Law N° 93.1027 August 24, 1993, also known as the Pasqua Law which further hardens conditions of entry and residence of foreigners in France compared to the 1986 Act.

• Law No. 97-396 of April 24, 1997 containing various provisions relating to immigration, sometimes called "Debré law" in reference to the Home Office Minister in office at that time, Jean-Louis Debré.

The emphasis here is on law 93-1027 of August 24, 1993 and 93-1417 of December 30, 1993, called Pasqua laws: they facilitate identity controls in the vicinity of borders within the Schengen area, set restrictive conditions in issuing certificates of accommodation and provide provisions that aim at fighting against marriages of convenience.
The obtaining of the French Nationality for a child born in France of foreign parents who got a residence permit, at its majority, is submitted to a prior declaration (called “expression of will”) that must be done between 16 and 21 years old. The obtaining of the nationality at the majority was no longer direct (that had never been done since 1889).
They determine the affiliation and social security benefits to lawful residence for the insured himself but also for its major beneficiaries. (eligible party)
It does also introduce two provisions (sections 15a and art. 30) preventing a "foreign national who lives in a state of" polygamy "from obtaining a 10-year residence permit of and to make benefit to more than one spouse of the family reunification. The law also modifies the rules of marriage, including abroad, requesting the presence of the groom (section 31, which created the art. 146-1 of the Civil Code).
The law also forbids the naturalization of a person who was previously sentenced to six months’ imprisonment (art.32 of the Act amending the art. 21-27, Civil Code).
It also requires a certificate of accommodation for any foreigner visiting closes relatives paper that cost 100 francs at the time. (Article 3 of the Act).
The Act of August 24, 1993 forced the National Agency for Employment to check the legality of the residence of foreigners registering as job seekers, including by allowing access to files of the state (art. 41). If convicted for illegal employment, the law establishes a double penalty to impose a ban from French territory for a maximum of 5 years with the escorting to the border (art.43).

After the electory victory on the right wing in Spring 1993 and the formation of a government headed by Edouard Balladur, the objective announced by Charles Pasqua (Home Office Minister) was to achieve “zero immigration”. The legislation that was adopted is the most restrictive France has never known since 1945. The opposition parties strongly reacted accusing the majority of going back on the soil birth-right, which in fact does not disappear but is reduced by several provisions. The ““acquisitive statements” at birth seem to have disappear.
In the field of flow control, the laws give a series of barriers to the entry and legal residence in France, such as the accommodation certificate.
The Schengen area that was formalized in 1995, subsequently will make difficult the total control at the borders.

The texts are available on legifrance.gouv.fr website.
loi du 9 septembre 1986 Law of Septembre 9, 1986
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT00

Frédéric Rousselle / Marika Kovacs

CNFETP

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