The Constitutional Council grants legal aid to foreigners in an irregular situation in the name of the “principle of equality before justice”

Legal aid to industrial tribunals and in civil matters was already provided for by law for foreigners, but only if they habitually resided in France.

The Sages justified their decision by the principle of equality before justice. Foreigners in an irregular situation have the right to legal aid, that is to say the State covers legal costs, ruled the Constitutional Council in a decision published Wednesday May 29 in the Official Journal. And this, including before the industrial tribunal and before the civil justice system.

By depriving these people of the benefit of legal aid to assert their rights in France, “the contested provisions do not provide them with guarantees equal to those available to other litigants”explains the Constitutional Council in a press release.

Legal aid to industrial tribunals and in civil matters was already provided for by law for foreigners, but only if they habitually resided in France. A situation contested by lawyer Xavier Courteille, at the origin of the procedure before the Sages. On Tuesday, the Constitutional Council considered this condition “contrary to the principle of equality before justice”.

“I welcome this decision, it is the end of a hypocrisy which concerns many workers who were employed by companies, but did not have the same rights to defend themselves. There is no sub- justiciable”, reacted Xavier Courteille. Note that legal aid already applies in criminal matters and foreigners’ rights for non-French people.

“If the legislator can take specific provisions with regard to foreigners, taking into account in particular the legality of their stay, it is on the condition of respecting the rights and freedoms guaranteed by the Constitution recognized to all those who reside on the territory”especially for “comply with the principle of equality before justice”, he points out in his press release. Furthermore, according to the Declaration of the Rights of Man and of the Citizen, the law “must be the same for everyone, whether it protects or punishes”he emphasizes.