The decision was very discreet. There was even little coverage in the press. But it is important for all French expatriates living in France. outside the European Union and EEA countries (Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican). Since 12 March 2021, French nationals living abroad have no longer been required to show a compelling reason to enter France..
This development is the result of effective lobbying by the Union des Français de l'Etranger. It was this association that referred the Council of State. The Union took the view that expatriates' submission of a compelling medical, family or professional reason for returning to France would against the fundamental freedom of all French citizens to return to their own country. This measure has applied since 31 January 2021. to combat the spread of the coronavirus epidemic.
The Council of State ruled in favour of UFE. In fact, the Council considers that it was a disproportionate infringement of citizens' freedoms. He also added that the impact of travel by French nationals returning to France remains minor on the spread of the Covid-19 epidemic.
The French West Indies still under an imperative
However, the Conseil d'Etat maintains the requirement of a compelling reason for travel to the French West Indies. According to the Conseil d'État, this measure is justified in order to avoid excessive tourist flows. The arrival of travellers in a French overseas department could accelerate the spread of covid variants.
Le overriding reason is also compulsory for French passengers travelling outside France. It is still relevant for the entry into France of foreign nationals.
La France also confirms that the requirement for a PCR test less than 72 hours cannot lead to a passenger being denied boarding. In particular when it proves physically impossible to carry out.
