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Ministre de l'Intérieur v. Spano , n° 223545, Conseil d'Etat, 14 novembre 2003, AJDA 2004 Informations rapides p. 559

Facts: the Minister of the Interior issued on October 15, 1993 an order of deportation from France against the applicant M. Spano who was of Italian nationality. The applicant claimed it was impossible for him to go back to Italy or go to another country. The Minister thereafter issued another order obliging the applicant to reside in a city in France which would be determined by the Préfet of the Pas-de-Calais. The Prefect issued an order for M. Spano to reside in the city of Arras and that under article 4 of that order, M.Spano was not authorized to work. The Administrative Court of Appeals of Douai cancelled the prohibition to work against the applicant.

Holding: the Préfet could not forbid the applicant to have any professional activity while the decision to assign a residence in Arras to the applicant was indeterminate in time and could last for a long time because of the claim for extradition of the applicant by the Government. The decision by the Administrative Court of Appeals of Douai was therefore overruled.

Reasoning: under article 28 §§1 of the Decree of November 2, 1945, the foreigner who was subject to a decision of deportation and who justified that it was impossible for him to leave France because he could not be back in the country of origin or go to another country, could by derogation to article 35 bis, be obliged to reside in an assigned location where he had to present himself periodically to the police.


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