It may seem odd said so, but it is indeed a "victory" for airlines and shipping companies: they will continue to face a fine if they refuse to take on illegal aliens whom France wants to deport, but at least they will no longer have to use force.
That is reassuring, still a little humanity in this low world.
This subtle adjustment of the rule is made by the Constitutional Council, seized of a priority question of constitutionality (QPC) by Air France.
The company had been imposed two fines of 15,000 and 20,000 euros in 2017 "for failing to fulfill its obligation to reroute" foreign nationals.
However, this obligation, as formulated in the code of entry and stay of foreigners and the right to asylum (Ceseda), forced the company to set up private escort companies to ensure the safety on board.
Texts "in conformity with the Constitution"
The Wise Men of the Constitutional Council therefore decided ... by validating the texts, declared "in conformity with the Constitution".
But it was the explanation that caught the attention of lawyers.
The Council thus considered that the texts did not oblige the company to monitor or force the evicted persons, “such measures falling within the sole competence of the police authorities”.
Above all, “they do not deprive the captain of his ability to disembark a person presenting a danger to the safety, health, cleanliness or good order of the aircraft”.
In other words, if the pilot considers that the expelled person represents a danger for the good progress of the flight, he can refuse to take charge of him.
Yes, it is not for Air France to oppose with heart the expulsion of someone ...
Less fines and violence?
"With the framework set by the Constitutional Council, the ministry will no longer be able to impose fines when the captain has decided that the behavior of an individual does not allow him to be kept on board and he will no longer be able to blame the companies for not to have mobilized a private escort, ”said Me Cédric Uzan-Sarano, Air France's lawyer in this case. He recalls that the company contributes to the expulsion of "thousands" of people "without problem", for "considerable costs".
It is also a victory for Anafé (National Association of border assistance for foreigners).
Indeed, according to its manager Charlene Cuartero Saez, the non-obligation to use force "puts a brake on the privatization of migration policies and reduces the risk of violence by private individuals".
It is probably already that taken.