Under article 29 of the decree of October 29, 2020, the prefect “is empowered to prohibit, restrict or regulate, by regulatory or individual measures, access to establishments open to the public when local circumstances justify it”. However, these measures must be necessary, appropriate and proportionate to the objective of safeguarding public health which they pursue. In the commented case, the summary judge was seized by a lawyer to whom the prefect of Val-d’Oise had prohibited access to the premises of the sub-prefecture of Sarcelles when she had come to assist her clients in their procedures relating to the right of residence. On the one hand, the judge recalls that “the free exercise of the profession of lawyer and the right for a citizen to be accompanied by a lawyer in his procedures constitute fundamental freedoms” (article L. 521-2 code of administrative justice). On the other hand, the judge considers that “since the prefect of Val-d’Oise did not justify the impossibility of ensuring compliance with the rules of physical distancing when filing a residence permit application nor having placed implementing other methods to regulate the flow of users ”, the prohibition measure opposed to the lawyer was neither necessary nor adapted to the objectives pursued of preserving public health and combating the spread of the covid virus -19. To remember : The free exercise of the profession of lawyer, which implies a mission of assistance and advice, and the right for a citizen to be accompanied by his lawyer in his procedures, constitute fundamental freedoms.
The prefect cannot decide in a discretionary manner on the usefulness of the presence of a lawyer depending on the complexity of the case. TA Cergy-Pontoise, ord., December 10, 2020, n ° 2012496 Keywords: Prefecture, procedures, lawyer, appointment, assistance and advice mission LexCase lawyers (Paris, Lyon, Marseille) – Immigration and Immigration Law. To contact us: 01 40 20 22 22
