Politics. The Constitutional Council condemns the extension of the detention of foreigners deemed dangerous.

The Constitutional Council on Thursday censored the law aimed at extending the length of time spent in administrative detention centres (CRA) to 210 days to foreigners "convicted of particularly serious offences and presenting a high risk of reoffending".

The Council recalls in its decision that "the detention of a foreigner who cannot immediately leave the territory must respect the principle (...) according to which individual freedom cannot be hindered by a severity that is not necessary"

The "Sages" recall that "it is the responsibility of the legislator to ensure reconciliation between, on the one hand, the prevention of breaches of public order (...) and, on the other hand, the exercise of this freedom and to only make breaches that are appropriate, necessary and proportionate to the objectives it pursues."

A flagship measure defended by Interior Minister Bruno Retailleau , the law provided in particular for extending from 90 (three months) to 210 days (seven months) the period of detention in CRA for foreigners convicted of certain serious offences or presenting a threat of "particular gravity" to public order, as well as for those convicted of certain serious crimes or offences (murder, rape, drug trafficking, aggravated robbery with violence, etc.). This period currently only applies to persons convicted of terrorism.

The Constitutional Council notes that the provisions of the law apply "including for offences which are not particularly serious", but also without the administration having to establish that the behaviour of a foreigner who has served his sentence "continues to constitute a current and particularly serious threat to public order".

The extension to people who can be held in detention "for a particularly long period is not proportionate to the objective of combating illegal immigration being pursued," the Constitutional Council further ruled.