Question 7013 — marital status

Summary

Mrs. Lisette Pollet draws the attention of the Minister of State, Minister of the Interior, to the situation of mayors faced with marriages of convenience and in particular to the difficulties encountered involving people in an irregular situation on the national territory. The recent case of Ms. Marlène Mourier, mayor of Bourg-lès-Valence, who decided not to celebrate a marriage between a French national and a Tunisian national in irregular situation, highlights a worrying gray area of ​​the law. In this case, the mayor indicates that the future spouse would have admitted wanting to enter into marriage in order to obtain a residence permit. The mayor, invoking her duty of vigilance and her moral responsibility towards the bride, decided to oppose it. Despite this and although the police did not demonstrate the sincerity of the matrimonial plan, the prosecution ordered the elected official to proceed with the celebration of the union, threatening her with prosecution in the event of refusal. This case highlights the inadequacy of current law. Local elected officials have neither sufficient means of investigation nor real decision-making power when they consider that marriage fraud is evident. Their role is emptied of any substance even though they are criminally liable in the event of inaction. The deputy is concerned about the legal impossibility in which the mayors of France find themselves today, obliged to mechanically apply judicial injunctions without being able to exercise real discernment, even though serious clues lead them to suspect fraud. She asks him to please indicate what measures the Government is considering to strengthen the means of investigation of mayors and give them back their capacity for assessment. which is necessary for them, particularly in the event of legitimate doubt about the sincerity of a union.

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