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Postal Address and Right to Domiciliation

Legislative and Regulatory Texts – https //domiciliation.casvp.fr

A. Declarative Principle of the Address

https //domiciliation.casvp.fr: R.113-8 of the code of relations between the public and the administration (implying the declarative principle for the address in matters of social rights). Provision taken from decree no. 2000-1277 of December 26, 2000, simplifying administrative formalities and abolishing the civil status file (repealed by decree no. 2015-1342 of October 23, 2015, relating to the regulatory provisions of the code of relations between the public and the administration) ( R.113-7: ” Unless legislative or regulatory provisions to the contrary, civil status documents are taken into account regardless of the date of their issue “)

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B. Right to Domiciliation (Common Law) https //domiciliation.casvp.fr

1. 264-1 CASF
2. 264-2 to L. 264-5 CASF (choice of domicile)

L.102 para. 2 of the Civil Code (The place of exercise of the civil rights of a person without a stable domicile is the one where he has elected domicile under the conditions provided for in Article L. 264-1 CASF).

1. 252-1 and L. 252-2 CASF (State Medical Aid (AME): alignment with the right to domiciliation by article 46 of law no. 2014-366 of March 24, 2014 )

D.264-1 to D.264-15 CASF

modifications by decree n° 2016-641 of May 19, 2016, including R.264-4 on the link with the municipality for the domiciliation

Order of December 20, 2019, setting the models for the request form for election of domicile and certificate of election of domicile for persons without a stable home (previous orders: November 3, 2017, July 11, 2016, etc.)

Cerfa 16029*01 and 16030*01 (previous cerfa:n°15548-02 ; n°15548*01), n°15547*02, n°15547*01 ;n°13482*02)

C. Asylum Seekers (Specific Residence) https //domiciliation.casvp.fr

see practical note ADDE / Gisti, Asylum request and material reception conditions (CMA) (May 2020), see the summary of 2019 changes on the Cimade website

L.264-10 al.1 CASF (choice of domicile under common law does not apply to asylum applications) https //domiciliation.casvp.fr

Domiciliation Outside CADA or Similar Structure

L551-7 Ceseda ( L744-1 3rd paragraph before May 1, 2021): if the DA is not in a CADA or similar structure ( L552-1, or L.744-3 before May 1, 2021), the latter being considered as permanent domiciles (cf. R.551-7, R744-1 before May 1, 2021), and is not in a permanent domicile (in the very restrictive sense of R.551-7, ex R744-1, cf . further), then “domicile with a registered legal entity (…) under conditions set by decree” (?)

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Domiciliation if CAES before DNA/CADA Orientation

Order of 13 January 2021 relating to the specifications of reception centers and assessment of the administrative situation (provided for by R.744-6 – domiciliation in CAES pending DNA/CADA orientation with “In the event of non-presentation of an asylum seeker referred to the CAES within 5 days, the host CAES still ensures the postal domiciliation of the applicant who had to present himself there, but informs the OFII without delay of his non-presentation so that the material reception conditions be put to an end”).

CADA Domiciliation or Similar Structure

https //domiciliation.casvp.fr: R552-10 Ceseda ( R744-6-1 before May 1, 2021) (domiciliation is part of the “minimum standards for social and administrative support in these places of accommodation provided for by L744-3 )

R551-7 to R551-15 Ceseda ( R.744-1 to R.744-4-1 before May 1, 2021)( Domiciliation of asylum seekers after CAES )

R.551-7 If not CADA or similar structure, the person must “have a title to fix his domicile there” where he is = exclusion of person hosted…) (before May 1, 2021: R.744 -1 = “The place where the person is accommodated without having a title to fix his domicile there is not regarded as a stable domicile” = impossible except if deed of ownership, a rental contract, loan for free use or commodat = modified by decree n° 2018-1159 of December 14, 2018 )

R.551-8 and following (R744-2 and R744-4 before May 1, 2021) (CADAs and other structures receiving funding from the ministry (L552-1, ex L.744-3) are obliged to deliver correspondence that they receive, they are also worth election of domiciliation for the asylum seekers accommodated, must issue a declaration of domiciliation for a period of one year, also worth proof of address for the right to the account, and which cannot be refused for the exercise of a right or access to an essential service guaranteed by law)

1. 551-14 and -15 (R744-3 before May 1, 2021) (end of domiciliation by CADA if the person is directed to a place of accommodation, has a stable home, or shows violent behavior (direction to a other organization but which one?) (modified by decree n° 2018-1159 of December 14, 2018 )

R.551-12 (R744-4-1 before May 1, 2021) (if stable residence, obligation to indicate their change of address to the OFII and OFPRA. Otherwise sent to the last known address), https //domiciliation.casvp.fr.

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Registration of the Asylum Application and Issuance of the First One-month Certificate

L521-1 et seq. ( L 741-1 before May 1, 2021)(asylum application and issuance of an asylum application certificate ” without prior condition of residence.” Issuance of an asylum seeker certificate (L521-7)

R521-5 4° ( R741-3 before May 1, 2021: ” If he has a stable home [replaces”if it is hosted by its own means”], the indication of the address where it is possible to send him any correspondence during the period of validity of the asylum application certificate ” (+ R551-7 = requirement title of domicile, ex R.744 -1-> https://www.legifrance.gouv.fr/codes/id/LEGIARTI000037831072/2019-01-01/ = “The place where the person is accommodated without having a title to fix his domicile there does is not regarded as a stable domicile” = impossible unless deed of ownership, a rental contract, loan for free use or commodat) = restriction by decree n ° 2018-1159 of December 14, 2018 ) (nb: before 1 Nov 2015, former art R.741-2, 4° providing for domiciliation with an approved association to ensure the mission of reception and transmission of letters addressed to asylum seekers without a stable residence).

R521-9 Ceseda ( R741-5 before May 1, 2021) (” When the foreigner has not provided all the elements mentioned in Articles R. 521-5 or R. 521-6 (R. 741-3 before May 1, 2021) [including indication of the address of the permanent residence], the competent prefect registers the request on the basis of the elements available to him and summons the person concerned at a later date to complete the registration of his request (. The asylum application certificate (…) is only issued once all the conditions provided for in Articles R. 521-5 to R. 521-7 are met” “) .

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For the Renewal of the Asylum Application Certificate – https //domiciliation.casvp.fr

https //domiciliation.casvp.fr: L551-7 Ceseda (“Asylum seekers who do not have a stable home elect domicile with [the Pada/Spada]”) ( L.744-1 before May 1, 2021: ” The asylum seeker who has neither accommodation, within the meaning of 1° of article L. 744-3 [= CADA], nor a stable domicile [= tenant/owner see R.744-1] elects domicile with a legal person approved for this purpose for each department… “) = obligation (since the law of 10 August 2018) to elect domiciled with a SPADA for applicants not accommodated in a CADA

L531-38 Ceseda ( L. 723-13 3° before May 1, 2021) (“The office may take a decision to close the examination of an application [if] the applicant has not informed the office, within a reasonable time, of his place of residence or his address and cannot be contacted for the purpose of examining his asylum application”)

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R541-1 and R.541-2 Ceseda (renewal: R.541-2: ” The foreigner who requests the renewal of the asylum application certificate presents (…) the declaration of domiciliation provided for in article R. 551-8 or the proof of residence if he has a permanent residence ” – ex R.743-2 before May 1, 2021) (replaced “the proof of the place where he has his residence or the indication of the address of a legal person under agreement under the conditions provided for in Article L. 744-1) (= since 2019, to escape spada domiciliation, you must be a tenant or owner… otherwise no renewal, except Dublin regionalization) ( decree n° 2018-1159 of December 14, 2018 )

See as Well

section Applying for asylum in France , Gisti (in several languages)

The asylum procedure in France , Cahier juridique, Gisti, May 2020

Guide for asylum seekers in Paris (in several languages ​​and regularly updated)

How does the domiciliation of asylum seekers work? , Infomigrants, 2020

Dom’asile .

Is a refusal of domiciliation of an asylum seeker (for example following refusal of the offer of accommodation) legal? (note still valid?)

Guide for asylum seekers in France – Ministry of the Interior – September 2020 ( pdf ) (+ about twenty translations) (replaces version nov 2015, https //domiciliation.casvp.fr.

D. Other Specific Situations: Detainees, Travelers, People Under Guardianship…

1. Detainees (subsidiary mechanism for choosing domicile at the penitentiary establishment) – https //domiciliation.casvp.fr

Article L312-2 of the new penitentiary code ( Ordinance n° 2022-478 of March 30, 2022 and Decree n° 2022-479 of March 30, 2022 ) replaces

article 30 of prison law no. 2009-1436 of November 24, 2009 (as amended by article 31 of law 2014-896 ) (see circulars: note of March 9, 2015 and Guide to social rights accessible to persons placed under hand of justice for the use of prison staff, Directorate of Prison Administration, February 2016, pages 11, 12, 87)

2. Non-sedentary Travelers(Registration System in a Municipality of Attachment)

Law No. 69-3 of January 3, 1969 relating to the exercise of itinerant activities and the regime applicable to persons circulating in France without domicile or fixed residence. – repealed by article 195 of law n° 2017-86 of January 27, 2017 relating to equality and citizenship (article 194: during a transitional period of 2 years, domicile with the current municipality of attachment + booklets circulation accepted for 2 years for the Chamber of Commerce) (see this circular of April 19, 2017 from the Minister of the Interior on the presentation of the new provisions relating to Travelers in Law No. 2017-86 of January 27, 2017 relating to equality and citizenship )

Decree No. 2017-1522 of November 2, 2017 relating to persons having neither domicile nor fixe residence in France and taken for the application of Articles 150, 194 and 195 of Law No. 2017-86 of January 27, 2017 relating to equality and citizenship

Travelers. Evolution of the legal framework for domiciliation , FNASAT, October 10, 2018 (very good topo – very useful)

3. Persons Under Guardianship

article 108-3 of the Civil Code (persons under guardianship must be domiciled with their guardian=.

4. National Identity Card

Article 2 of Decree No. 55-1397 of October 22, 1955 establishing the national identity card (election of domicile valid for requesting a CNI from the prefect)

5. Registration on the Electoral lists for EU Citizens without a Fixed Address (Municipal and European Elections)

article 22 TFEU (“citizens of the Union exercise their right to vote and stand as a candidate in “municipal and European” elections in the Member State where they reside under the same conditions as nationals of that State”) + directive 94 /80/EC of 19 December 1994 of the Council of the European Union resting down the procedures for exercising the right to vote and stand as a candidate in municipal elections for citizens of the Union residing in a Member State from which they have no not nationality ( pdf )

article 88-3 of the Constitution (“subject to reciprocity and in accordance with the procedures provided for by the Treaty on European Union …, the right to vote and to stand as a candidate in municipal elections may be granted only to citizens of the Union residing in France….”)

Electoral code: LO227-1 to 5 , LO228-1, LO230-2, LO236-1, LO238-1, LO273-2 (municipal elections)

Law No. 77-729 of 7 July 1977 relating to the election of representatives to the European Parliament (European elections)

Organic law n° 2016-1046 of 1 August 2016 renovating the procedures for registration on the electoral lists of nationals of a Member State of the European Union other than France for municipal elections ( legislative file ) (allows “persons homeless” to be able to register as was already the case for European women, and from which they were excluded, in particular by a circular of July 25, 2013 – see further decision MSP-MLD-2015-127 of May 28 2015 of the Defender of Rights)

Instruction relating to the keeping of electoral lists and additional electoral lists , Minister of the Interior, 21 November 2018 ( pdf )

municipal elections 2020 – Romeurope campaign – flyer How to register to vote + report Local elected representatives faced with the reduction of slums + summary

Circulars

Circular DGAS/DSS/DHOS n° 2005-407 of September 27, 2005 relating to state medical aid(obsolete on direct debit since direct debit alignment for the AME on the common right to direct debit)

[Circular CNAF n°2008-002 of January 16, 2008 on the election of domicile]

Circular No. DGAS/MAS/2008/70 of February 25, 2008 relating to the domiciliation of people without a stable home. BO Health – Social Protection – Solidarity No. 2008/3 of April 15, 2008, Page 291 (repealed by Instruction No. DGCS/SD1B/2016/188 of June 10, 2016)

Note of March 9, 2015 relating to residence in a prison (BO min. Just. n° 2015-03, March 31 – NOR: JUSK1540021N) – replaces theCircular of 1 February 2013 relating to domiciliation in a prison establishment.(BOMJ n°2013-02 of February 28, 2013 – JUSK1240044C – original pdf with plan+ Domiciliation in a penitentiary establishment analysis by the Fnars (previous, however, to the note of March 9, 2015) + Guide to social rights accessible to people placed in the hands of justice for the use of prison staff . Department of Prison Administration, February 2016 (pages 11, 12, 87)

Instruction n° DGCS/SD1B/2016/188 of June 10, 2016 relating to the domiciliation of people without a stable home , BO… ( Word version ) – updated by:

In addition, information note No. DGCS/SD1B/2018/56 of March 5, 2018 relating to the instruction of June 10, 2016 relating to the domiciliation of people without a stable home (updating of the Guide to the domiciliation of people without a stable home whose absence of obligation to present proof of identity; admissibility of the domiciliation certificate for prefectural procedures; ” It is not up to the domiciliary organizations to assess the legal or illegal nature of the occupation of the municipal territory. of a certificate of direct debit does not prejudge the specific procedures that may be carried out on this subject “)

Jurisprudence

Right to domiciliation

See also the basis of case law on the Dequeldroit.fr website

(recourse refusal of domiciliation = full litigation and no REP: CE, June 3, 2019, Mrs. V., no. 423001; CE, November 19, 2021, Mrs. E., no. 440802)

https //domiciliation.casvp.fr – TA de Pau, April 23, 2013, n°1200683

( link with the municipality – cancellation of refusal to choose a domicile by CCAS / “the notion of settlement should be assesses with regard to the situation of people without a stable home; that a person who proves any link with a municipality, it seems tenuous, is entitle to obtain a domiciliation from it”; in this case, the applicant justifies having regularly benefited, for three months on the date of the decision of refusal, of the services of the restaurants of the heart locate on the territory of the municipality – attendance card in support – and therefore sufficiently justifies its link with the Municipality)

Constitutional Council – Decision n° 2013-347 QPC of October 11, 2013 (choice of residence for foreigners in an irregular situation without a stable residence – see Comede note below)

https //domiciliation.casvp.fr – TA Nantes, 30 March 2015, n°1502248

(and others) – interim injunction (useful measure) to the CCAS of Couëron to examine a request for domiciliation of EU (Romanian) citizens in an irregular situation (recitals 4, 5, 7, 8: “…are settle on a land on the territory of the municipality…the refusal of domiciliation prevents X from having access to basic medical care…infringement of their right to health and their dignity…the urgency of the measure is thus characterize;… neither the fact that the applicants have been residing irregularly for several months on the ground…, nor the fact that AJ’s request submit mentions this place, can, in the particular circumstances of the case , allow to consider… that they would not be homeless; that the commitment against them of an eviction procedure from the occupied land does not further impede their domiciliation…”) (comment Journal des jeunes, n°347-348, Sept-Oct 2015)

https //domiciliation.casvp.fr – TA Montreuil, Summary Proceedings August 12, 2015

(3 orders of non-suit to rule on a summary procedure against refusal of domiciliation of the CCAS of La Courneuve, the latter having ended up domiciling the 3 families the day before the hearing).

TA Lyon, Summary August 27, 2015, n°1507061

( link with the municipality – injunction to the CCAS of Vaulx-en-Velin of domicile – “the election of domicile is essential for people without a stable domicile to allow them to access, in particular in the service of the social, legal, regulatory and conventional benefits to which they are likely to claim (…); that access to the AME is in particular subordinate to it (…); that the state of health of Ms. in medical care (…) that the contested decision, by depriving Ms of the possibility of benefiting from the AME, thus seriously and immediately harms her interests” – inaccurate interpretation of L264-4 and R264-4 of the CASF of the CCAS for say that no link with the municipality) (comment Journal des jeunes, n°347-348, Sept-Oct 2015)

TA Lyon, Referred April 1, 2016, n°1601980

(cancels refusal of renewal of domiciliation by a CCAS which consider that the fact of having been accommodate for more than a year at the hotel demonstrate that the family had a stable domicile; summary: urgency due to the sole fact of not having a postal address + error of law = L.264-5 “The body that provides the domiciliation terminates it when the person concern requests it, when he acquires a stable residence or when he no longer manifests himself”)

TA Montreuil, March 29, 2018, n°1704435, 1708403

(sanctions the refusal of Bobigny to organize a domiciliation service, despite the decision of the municipality to create this service under pressure – decision usable against other homeless-phobe town halls …“ It follows from these provisions that the CCAS are legally require to provide the domiciliation service for people without a stable home who request it and that they can only refuse such domiciliation by an individual and reasone decision, in the event that the applicants have no link with the municipality or the group of municipalities to which the establishment is attache ”)

TA Nanterre, March 28, 2019, n°1702197

(refusal of domiciliation on the grounds of an insufficient link with the municipality – cancellation of the refusal because insufficient motivation of the absence of link by the municipality)

CAA Lyon, 6th ch. – training at 3, July 5, 2018, n°16LY03057 (link with the municipality – Romanian SDF, for 4 years, accommodated as part of the winter plan in a gymnasium in this municipality)

TA Nantes, summary proceedings, January 2, 2020 , n°1913823 (cancellation of the refusal of the municipality of Sainte-Luce to issue a certificate of domiciliation to 5 families, and injunction to issue within one month), follow-up (following non-compliance by the municipality ) of TA Nantes, summary, February 11, 2020 , n°2001340 (penalty of €200 per day of delay), and finally TA Nantes, summary, March 23, 2020 (penalty finally fixed at 2000 euros per family taking into account the delay) (see comment here)

TA Cergy-Pontoise, July 7, 2022, n°2103358

press release from the TA (“in view of the purpose of the device, refusals of direct debit must be regard as social disputes within the meaning of article R. 222-13 CJA”; + full litigation / EC, June 3, 2019, Mrs V ., No. 423001; CE, November 19, 2021, Mrs. E., No. 440802)

comment: A person without a stable home asks a CCAS or CIAS for an election of domicile? What is the litigation regime applicable in case of refusal? )

https //domiciliation.casvp.fr – Domiciliation and Prefectural Procedures

(to be complete/update) https //domiciliation.casvp.fr

Constitutional Council – Decision n° 2013-347 QPC of October 11, 2013 (choice of residence for foreigners in an irregular situation without a stable residence – see Comede note below)

https //domiciliation.casvp.fr – TA de Nantes, 23 December 2014, n°1410800

(asylum seeker: cancels the refusal of the prefecture to renew the receipt which could not produce a direct debit with a third party, and had “only” an administrative domiciliation in CCAS) + TA Nantes, summary proceedings, 18 June 2015, n°1504698 (suspension of the refusal to register a request for re-examination of an asylum application in view of a CCAS domiciliation because the person concerned has shown that she does not have access to the “asylum” domiciliation) (decisions obsolete since the 2018 reform obliging asylum seekers or tenants or landlords (or spouses of) to take up residence with the Spada)

In addition, TA Paris, 7 February 2019, n°1811914/3-2 , n° 1818617/3-2, n°1814202/3-2 (an administrative domiciliation must be accept for an application for a residence permit, including for a first request for issue) (see conclusions ” refusal to issue residence permits base solely on certificates of election of domicile ” – which cites other decisions: TA Lyon, 9 May 2018, No. 1708184; CAA Lyon, August 7, 2018, No. 18LY02376)

IV. Defender of Rights

Defender of rights – Decision MSP-MLD-2015-127 of 28 May 2015 relating to the impossibility of registering citizens of the European Union without a fixed address on the electoral lists for municipal elections )

Decision n°2017-275, October 18, 2017 (refusal of domiciliation of Romanian nationals, opposed by a CCAS, for the sole reason that they were European nationals and that they therefore had, with regard to this quality, no vocation to stay on French territory, but only the right to travel there…; the decision confirms the right to residency for these people and “calls the attention” of the CCAS to the discriminatory nature of these refusals). Comment on the DDD website

Moreover, decision n°2017-305, November 28, 2017, Domiciliation and prefectural procedures for admission to stay (great analysis of the almost systematic refusals of prefectures throughout France to accept direct debits (issued by the CCAS or approved structures in terms of domiciliation under common law) for procedures for admission or renewal of admission to stay: contrary to the law – CESEDA, CASF – to the constitution, to several international texts and constitute discrimination)

Friendly settlement RA-2019-067 of April 30, 2019 relating to a refusal of domiciliation (refusal of domiciliation on the pretext of absence of a link with the municipality for a person in an accommodation center located in the municipality).