From time to time, the ‘circular’ of the government appear in the holders in France, apparently offering new rules about immigration or education. Here is an idea of how much influence they remain real.
In France, you may see holders about the government circular Occasionally, particularly if a new minister wanders for pointing out his priorities to the public.
TO circular It is an administrative document that is meean to inform the members of the French bureaucracy of a policy, in English we could describe it as a memorandum.
Many of them cover worldly issues, such as the head of the Ministry of Education that sends a circular To workers who explain how school trips should work in the future.
Alternatively, a circular It can be an opportunity for a French minister to indicate their priorities to the public.
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For example, at the beginning of April, said French Interior Minister J’enverrai Très ProChainement Aux Préfets UNE Circular Vert Durcir Conditions of Naturalization (I will soon send to the local authorities a ‘circular’ to tighten the naturalization conditions).
However, in terms of the real power of a circular, It is really to clarify the existing law to public servants responsible for enforcing it, instead of bringing important changes.
Read more: French Interior Minister to ‘harden the conditions for citizenship’
So what is a circular And what can be legal?
TO circular It is not the same as a Loi (approved by Parliament), Decret (A regulatory law issued by the President or Prime Minister), Works Council Arrêté (Issued by another administrative authority apart from the President or Prime Minister, as a local City Council).
In accordance with the legitimate fact sheet “, a circular Has no more or less value than a ‘Service Note’ (Administrative note sent to employees) “and has no” legal impact on itself. “
To be legal, a circular You must follow the existing law.
The idea of this document is to help with the organization of a public administration or body through the implementation of measures that will be implemented within the bureaucracy.
TO circular It can be sent by any government minister or head of a public administration body without having to obtain the approach or parliament.
This explains why the ministers like: they allow them to obtain headlines by appealing to ‘get hard’ in something, without having to go through the process that consumes the time of sending it to Dey in Bothy Woudd Teyh Houses.
What happens if a circular Is it controversial?
There has been a controversial number circular In the past.
In 2010, under former French president Nicolas Sarkozy, the French Interior Ministry sent a circular to local authorities throughout the country that indicate that “evacuate 300 camps or illegal settlements, with priority to those inhabited by travelers or Romani.”
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This led to the international protest, as well as the immigrant rights groups that requested that the Conseil d’Etat annul the circular To attack a specific community.
For a long time, until 2002, the French law approached the two types of officers, the government circular Differently.
TO Interprotive circular, Envoy to explain to the members of the Cracy desktop how to implement a law or decree that has approved, it would not be seen as creating any new rule and, therefore, could not be challenged in court.
On the contrary, if the material included in a circular Introduction to the new rules or requirements, then could be challenged in the Court. This would be called Circular REPEMENT.
However, more recently, French courts have an bone change in their understanding of the power of power of power circular and if people can appeal or not.
Today, the courts have measured their qualifications for when the courts can demolish circular.
For example, Interprarative circular It can also be appealed if they contain any “mandatory” disposition and if they have “significant effects on the rights or situations of French citizens,” according to VIs Publique.
Can I consult the government? circular?
French law requires that the entire government circular be published.
A ministerial circular It must be charged on the Légifrance website.
In fact, if the circular It is not published there, it cannot be seen as an application or executable, and if it is not published within four months after the firm, then it is considered automatically repealed.
According to VI circular They were published annually between 2012 and 2018, but the number has a decrease in bones since 2019. In 2023, there were only 65 circular published.
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