European Journal of Migration and Law 2: 309–336, 2000. © 2001 Kluwer Law International. Printed in the Netherlands. 309 The Regularisation of Clandestine Immigrants in France MAITÉNA POELEMANS & SOPHIE DE SÈZE* 1. Introduction According to the case law, restated in the opinion of the Conseil d’Etat of 22 August 1996, 1 regularisation is not a right, which means that there is no legal validity to the circulars and directives adopted in this area. But if there is no right to regularisation, the case law acknowledges on the other hand that, since 1975, 2 regularisation of the foreigner’s situation can take place at the direction of the administration. Therefore, it is neces- sary to appraise the conditions under which this regularisation can take place. 2. Brief Description of Existing Procedures 2.1. Summary of Operations in France Regularising Immigrants Since the Stop on Immigration for Employment 1970–1980 The Minister for the Interior’s circular of 13 June 1973 3 normalised the situ- ation of almost 40,000 foreign workers. This circular was adopted at the same * Mait ´ ena Poelemans doctoral candidate at the University of Pau (at the multidiscip- linary Faculty in Bayonne); Sophie de S ` eze, DEA
European Journal of Migration and Law – Brill
Published: Jan 1, 2000
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