Décision Européenne du 9 janvier 1980 DU CONSEIL CONSTITUTIONNEL SUR L'EXAMEN DE LA LOI RELATIVE A LA PREVENTION DE L'IMMIGRATION CLANDESTINE ET PORTANT MODIFICATION DE L'ORDONNANCE 452658 DU 02-11-1945 RELATIVE AUX CONDITIONS D'ENTREE ET DE SEJOUR EN FRANCE DES ETRANGERS ET PORTANT CREATION DE L'OFFICE NATIONAL D'IMMIGRATION
Jurisdiction | France |
Record Number | JORFTEXT000000703124 |
Date de publication | 11 janvier 1980 |
Publication au Gazette officiel | JORF du 11 janvier 1980, numéro complémentaire |
Enactment Date | 09 janvier 1980 |
IL RESULTE DUDIT ARTICLE 6 QUE "LA PERSONNE EXPULSEE EN APPLICATION DES 1EREMENT ET 2EMEMENT CI-DESSUS PEUT,S'IL Y A NECESSITE,ETRE DETENUE JUSQU'A L'EXECUTION EFFECTIVE DE L'EXPULSION DANS LES CONDITIONS PREVUES A L'ART. 120 DU CODE PENAL".
LA LIBERTE INDIVIDUELLE NE PEUT ETRE TENUE POUR SAUVEGARDEE QUE SI LE JUGE INTERVIENT DANS LE PLUS COURT DELAI POSSIBLE.S'IL EN EST AINSI DANS LE CAS PREVU A L'ART. 3 DE LA LOI (REFOULEMENT) QUI SUBORDONNE A LA DECISION DU JUGE LE MAINTIEN,AU DELA DE 48 HEURES,DE L'INTERESSE DANS LES LOCAUX OU IL EST RETENU,IL N'EN VA PAS DE MEME DANS LE CAS...
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