-6-
When taking such measures, the administrative authority shall take account of all the
circumstances of their situation, particularly the length of their residence in the country, their age,
their state of health, their family and financial situation, their social and cultural integration in
French society and the strength of their ties with their country of origin”. (…)
“Article L. 533-1
(in force since 18 July 2011)
The relevant administrative authority may, by means of a reasoned decree, decide that an alien is
to be deported in the following instances, unless he or she falls within one of the categories
described in Article L. 121-4:
1. His or her behaviour poses a threat to public order.
Threats to public order may be inferred where persons commit offences subject to criminal
proceedings based on the articles of the Criminal Code cited in the first paragraph of
Article L. 313-5 of this code or on paragraphs 1, 4, 6 and 8 of Article 311-4 and Articles 322-41, 222-14, 224-1 and 227-4-2 to 227-7 of the Criminal Code;
2. The alien has infringed Article L. 5221-5 of the Labour Code.
This article shall not apply to aliens who have been residing lawfully in France for more than
three months.”
15.
Circular No. NOR: INT/D/06/00115/C of the Ministry of the Interior of
22 December 2006 to prefects of regions and départments and police commissioners,
describing the procedure for the admission as residents and the expulsion of Romanian
and Bulgarian nationals from 1 January 2007 onwards:
“(…) 1 – The laws on residence (…)
1.1 – Periods of residence of less than three months:
Nationals of these countries residing in France for a period of less than three months have the
same freedom of movement as other European Union citizens. As there has been no change in
the conditions to exercise this right, a valid passport or identity card is still the only document
required. (...)
The French authorities may, however, impose restrictions on freedom of movement and residence
where the persons concerned pose a threat to law and order or place an unreasonable burden on
the French social assistance system. (…)
In practice, you will have to provide proof of the date of entry into France, making use where
necessary of documents provided by bodies providing assistance proving that the beneficiary has
been present in France. (…)
2 – The laws on expulsion (…)
2.3 – The procedure for deportation and the obligation to leave French territory may be
implemented subject to the following conditions: (…)
- An assessment of the extent to which the Romanian or Bulgarian national concerned may
constitute an unreasonable burden during the first three months of his or her residence (…)
The appropriate expulsion measure in such situations is an obligation to leave French territory
based on the second paragraph of part I of Article L. 511-1 of the CESEDA, provided that the
decision stems from a finding, following an examination of the specific situation and based on a
series of strong and concordant inferences, that the person concerned can no longer prove that
his or her right of residence still applies. (…)”