-4-
12.
Social Welfare and Family Code:
“Article L. 345-2-2
(as established by Act No. 2009-323 of 25 March 2009 – Section 73)
All homeless persons in situations of medical, psychological or social hardship shall have access at
all times to emergency accommodation.
This accommodation must enable such persons to make use, in conditions showing due regard for
human dignity, of services providing board and lodging and sanitary facilities and an initial medical,
psychological and social welfare evaluation, conducted either within the accommodation facility itself
or, through an agreement, by external professionals or bodies, and to be referred to any
professional or body capable of affording them the assistance warranted by their state, including
residential social reintegration centres, stable accommodation centres, boarding houses, hostels,
establishments for dependent elderly persons, short-stay medical care beds or hospital services.
Article L. 345-2-3
(as established by Act No. 2009-323 of 25 March 2009 – Section 73)
All persons admitted to an emergency accommodation facility must have access to personalised
care and remain in the facility for as long as they wish until they are presented with a proposal
directing them to a body providing stable accommodation or appropriate health care or to housing
suited to their situation.”
Forced eviction
13.
In its decision No. 1005246 of 27 August 2010, the Administrative Tribunal of
Lille stated that the unlawful occupation of land belonging to the municipality of Lille by a
Romanian national, who had entered France less than three months before an expulsion
measure was issued against her, did not constitute in itself and in the absence of any
particular circumstances a threat of a sufficiently serious nature for the fundamental
interest of society and therefore could not be considered as a threat to public security
within the meaning of Article L. 121-4 and Article L. 511-1 of the Code governing the
entry and residence of foreign nationals and the right of asylum (CESEDA), which
transposes Article 27 of directive 2004/38/CE. The expulsion order was thus annulled.
The right to entry and residence of foreign nationals / expulsion from the country
14.
Code governing the entry and residence of foreign nationals and the right of
asylum (CESEDA):
“Article L. 121-1
(as amended by Act No. 2006-911 of 24 July 2006 – Section 23)
Unless their presence poses a threat to the public order, all citizens of the European Union or
nationals of another State Party to the Agreement on the European Economic Area or of
Switzerland shall be entitled to reside in France for more than three months provided that they
satisfy one of the following conditions:
1. They engage in an occupational activity in France;
2. They have, for themselves and the members of their family referred to in paragraph 4 below,
sufficient resources not to become a burden on the social assistance system and have health
insurance;