TNAG-2951-FCO40-4228-Hong-Kong-visa-free-travel-for-British-Nationals-(Overseas)--1993 — Page 11

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- 6 SEP 1993

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INFO PRIORITY EC POSTS, HOME OFFICE

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022231

MDLIAN 5057

619

Action Taken

SCHENGEN AND DUBLIN AGREEMENTS: REVISION OF FRENCH CONSTITUTION

SUMMARY

1. French Constitution to be amended in order to allow implementation of Schengen and Dublin agreements.

DETAIL

THE PROBLEM

2. In August the Constitutional Council, which has to verify the Legality of all new Legislation, rejected as unconstitutional certain aspects of the recently adopted immigration and nationality act. Pasqua, Minister of the Interior, said it would be impossible to implement the Schengen and Dublin agreements without these elements and therefore proposed amending the constitution. The debate centred on the new provisions which would allow for the exclusion or expulsion of asylum seekers whose cases are being heard or have been rejected by other EC member states signatories to the Schengen and Dublin agreements. The Constitutional Council rejected other elements too (see Mrs Kirk's Letter of 27 August).

THE SOLUTION

3. Following 10 days of consultation within the government and with the President, a way out of the impasse was agreed on 1 September: Limited revision of the constitution. Although no specific details have been announced it is likely to involve a minor amendment to article 88 of the constitution, recognising the competence of other European states signatories to the Dublin and Schengen agreements to examine asylum applications. The relatively straightforward parliamentary procedures required should be completed by the December deadline for the implementation of Schengen. There will be no need for more drastic revision of the text guaranteeing right of asylum in the preamble of the

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