Question 12078 — foreigners

Summary

Mr. Jocelyn Dessigny questions the Minister of the Interior on the institutional consequences resulting from the non-execution of obligations to leave French territory (OQTF), illustrated by the situation that recently occurred in the commune of Chessy (Seine-et-Marne). In this town, the mayor and all of his deputies resigned from their functions as registrars in order not to be forced to celebrate the marriage of a foreign national in an irregular situation, subject to an unexecuted OQTF, following a judicial injunction ordering the publication of banns and the celebration of the marriage. This situation places local elected officials, depositaries of State authority, in a manifest contradiction between their obligation to enforce the law and the execution of civil status acts confirming the non-execution of administrative decisions of the state itself. Consequently, he asks the number of OQTFs currently in force and not executed on the national territory, the precise reasons for their non-execution, if the Government considers it consistent with the legal order that a civil status officer can be forced to celebrate the marriage of a person who is the subject of an unexecuted removal order, if the Government intends to clarify the hierarchy between the administrative decisions of removal and the obligations imposed on civil status officers and what measures the Government intends to take so that local elected officials are no longer placed in a situation of legal and moral responsibility due to the State's failure to execute its own decisions.

Machine translation from French. The official text remains authoritative.

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