
Provisions contrary to the international convention on the rights of the child, deadlines for compiling files that are too restrictive, age assessment by agents of the departmental council, etc.
These are the means raised by ten associations, from Roya Citoyenne to Secours Populaire via Médecins du Monde, to contest the legality of a memorandum of understanding on the care of unaccompanied minors. A framework document signed at the end of 2019 by state services, the prosecutors of Nice and Grasse, as well as the departmental community, which was therefore examined by the Nice administrative court.
“Ruling in a panel of three magistrates, the judge considered that the arguments raised by the applicants did not appear, in the state of the investigation, likely to create serious doubt about the legality of the protocol of agreement and of its amendments therefore, in particular, that the system in question falls within the framework of the proper exercise of the State’s competence relating to control at internal borders resulting from the provisions of the Schengen Borders Code”, estimated the Nice court which has just rejected the request of these ten associations.
At least under the emergency procedure. The court will also have to rule on the merits during a new hearing.