Migration, entre gouvernance européenne et secteur associatif
Migration : Between European Governance and NGOs

Summary/Abstract: In its decision of 6 July 2018, the Constitutional Council of the French Republic used a new term “ignorance of the principle of fraternity” in its reply to two constitutionality questions (QPC) concerning the freedom to aid foreigners on humanitarian grounds regardless of the legality of their stay in national territory. This, in turn, has “legal consequences” for that principle, which has thus far been rarely used by lawyers but frequently evoked by NGOs. The decision in question contains reservations formulated by humanitarian organisations, directed simultaneously against the national legislator and European governance. A number of logics is at play here that are contradictory in a complex way : subjective rights and fundamental freedoms championed by NGOs – which are, however, guaranteed also by European and national institutions – and the objective right focusing on the common good and security, which should be protected by states and the European Union, hence benefitting their inhabitants. In the fervor surrounding the constitutionality question on fraternity pale critical arguments formulated by humanitarian organisations that contest the widely discussed migration policy.

• Details
• Contents