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The Changes in Laws on Immigration and Asylum in France in Response to Terrorist Fears

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Chapter Summary

In France, changes in laws on immigration and asylum in respect of terrorist fears are focussed around the concept of national security and public order. Thus, if we follow this concept closely we can see what has been happening to the law as a result of concerns about terrorism. In asylum law the matter is somewhat complicated by the fact that international obligations of protection limit the State’s power to use national security as a ground to exclude asylum seekers. This chapter traces the development in French law and jurisprudence of the public order concept in the areas of entry, residence permits, expulsion and asylum in the four years after the 1990 Gulf crisis, and analyses the changes to legislation. It then applies the same approach to the period from 2001 to 2005 in the context of the ‘War on Terror’. Next, it draws a comparison between these two periods.

Keywords: asylum law; France; French jurisprudence; Gulf crisis; immigration law; national security; public order; terrorism



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