Since the Second World War French immigration policy has been, in principle, shaped by two broad main principles: equality (same rights are accorded to all, with no distinction on the basis of nationality religious, racial or cultural characters); and integration (immigrants are resumed to be in the condition to fully integrate, socially, and legally in the mainstream French society).

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The ground law on immigration dates back to 1945 (Decree of 1 October 1945, amended and integrated by the Decree of 2 November 1945). In order to sustain population growth rates, France declared itself officially open to immigrants and their families.

After the oil crisis of the early 70s, the open immigration policy came to an end, with the official closing down of the borders. Agreement were entered into with countries of origin of the main groups of immigrants in order to provide access to measures which could permit links with the cultures of origin (education in the maternal language etc.). At the same time, measures were put in place in order to favour the return of migrants to their countries of origin.

By 1977 the return of migrants was seen as a major tool to favour decrease in unemployment amongst French workers. This led to incentives for the return of migrants including financial aid, but also to restrictions to family reunification and arrival of students from migrant producing countries. The policy, however gave limited results. On the contrary, communities of migrant origin became more and more entrenched especially in urban centres.

In 1980 the “Bonnet” law started identifying illegal migration as a serious threat to public order. Illegal immigrants were to be expelled from the territory of the Republic. Other legislative tools were enacted with growing regularity on issues relating to illegal migration. In particular, the “Pyrefitte” law of 1981 legalised certain types of controls, previously not legitimate, by police officers on migrants. The “Pasqua” law of 1986 reduced the numbers of immigrants who could get a residence permit and gave the right to regional authorities to decide on whether illegal immigrants found within their territory should be escorted by police forces to the border and expelled. In 1991 a new law introduced penalties for those who were found to help illegal immigrants gain access to the French territory. A new “Pasqua” law in 1993 reinforced repressive measures to impede access to the French territory to illegal aliens, and limited the entry and residence of many categories of migrants.

In the late 90s the repressive attitude of the latest alien laws were partially reversed, to some extent in order to comply with international Conventions and other agreements to which France had acceded. Also such measures can be interpreted as a response to mounting opposition to repressive policies and to far-reaching restrictions to basic rights.

The “Chevenement” law of 1998 transposed articles 8 and 3 (about the rights of foreigners in the French territory) from the European Convention on Human Rights, and established on clearer terms the ways and conditions to claim refugee status from France authorities. The “Guigou” law of 1998 reintroduced the automatic right to French citizenship for children born in France.

In 2000 new laws were passed on family reunification and on citizenship. Within such laws, provisions were introduced which aimed at strengthening the fight against discrimination. In particular it has to be noted that the laws of 2000 introduced the reversal of the burden of proof in cases of discrimination (for instance in employment or housing) thus preceding the new “Article 13” EU Directives.

Other recent measures have gone in the direction of easing beaurocratic and other procedures in order to favour establishment of EU citizens in France (for instance, in February 2003 proposals have been put forward to abolish the residence permit for EU citizens).

Finally it has to be noted, that, following the North American and German examples, in 2002 new possibilities have been given to French employers to recruit highly skilled workers from outside the EU. At the same time a difference has been introduced between high and low qualified immigrants, in terms of entry and residence (see for instance the Circular DPM/DMI 2, nr. 2002/26, 16/01/02), thus showing a propensity for French policy makers to move from a zero immigration approach to a “brain gain “ approach.

The most recent law of February 2003 has focused mostly on security issues and aimed at reinforcing measures against illegal migration, and criminal phenomena tied to illegal migration. New proposal for a law on managed immigration amending the Ordonnance of 1945 has been proposed in July 2003 and is currently going through the approval process in the Parliament. The proposal’s policy blueprint has been described by the proponent, the Minister for Interior Affairs N. Sarkozy “neither zero immigration nor total opening of the borders.”

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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