ANNEX I – Transposition of the CEAS in national legislation

France

Country Report: ANNEX I – Transposition of the CEAS in national legislation Last updated: 11/05/23

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Directives and other measures transposed into national legislation

Directive Deadline for transposition Date of transposition Official title of corresponding act Web Link
Directive 2011/95/EU

Recast Qualification Directive

21 December 2013 29 July 2015 Law n. 2015-925 of 29 July 2015 on the reform of asylum law http://bit.ly/1Vwt38q (FR)
Directive 2013/32/EU

Recast Asylum Procedures Directive

20 July 2015

Article 31(3)-(5) to be transposed by 20 July 2018

29 July 2015 Law n. 2015-925 of 29 July 2015 on the reform of asylum law http://bit.ly/1Vwt38q (FR)
Directive 2013/33/EU

Recast Reception Conditions Directive

20 July 2015 29 July 2015 Law n. 2015-925 of 29 July 2015 on the reform of asylum law http://bit.ly/1Vwt38q (FR)
Regulation (EU) No 604/2013

Dublin III Regulation

Directly applicable

20 July 2013

29 July 2015 Law n. 2015-925 of 29 July 2015 on the reform of asylum law http://bit.ly/1Vwt38q (FR)

All legal standards of the CEAS have been transposed in French legislation and the transposition has been considered correct in national litigation on this aspect. Doubt remains, however, regarding the conformity of several provisions:

  • Receptions conditions limited to adults (Article D. 553-3 CESEDA): Unaccompanied minors are accommodated in the child protection system when their minority is assessed: if not, they can ask for asylum as minors but they are not eligible to reception conditions.
  • Financial allowance for asylum seekers (Decree 2018-426 of 31 May 2018): The Council of State requested an increase of the amount of the allowance twice, in order to comply with the case law of the CJEU.[1] The last amount decided by Decree was not challenged before the Council of State, but there are doubts as regards compliance with this case law.
  • Access to health care (Decree 2019-1531 of 30 December 2019): During the first three months upon arrival in France, access to health care for all asylum seekers (including vulnerable persons) is limited to urgent care.

 

 

 

[1] CJEU, C-79/13, Saciri and Others, Judgement of 27 February 2014.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation