Conseil d'État, 2ème - 7ème chambres réunies, 31/12/2020, 436689, Inédit au recueil Lebon
Court: | Conseil d'Etat (France) |
Judgement Number: | 436689 |
Record Number: | CETATEXT000042854739 |
Writing for the Court: | M. Clément Tonon |
Vu la procédure suivante :
Par une requête et deux mémoires en réplique, enregistrés le 12 décembre 2019 et les 1er juillet et 9 novembre 2020 au secrétariat du contentieux du Conseil d'Etat, M. A... B... demande au Conseil d'Etat :
1°) d'annuler pour excès de pouvoir le décret du 22 octobre 2019 l'ayant déchu de la nationalité française ;
2°) d'enjoindre à l'administration de lui restituer ses documents d'identité ;
3°) de mettre à la charge de l'Etat la somme de 2 000 euros au titre de l'article L. 761-1 du code de justice administrative.
Vu les autres pièces du dossier ;
Vu :
- la convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales ;
- le traité sur le fonctionnement de l'Union européenne ;
- le code civil ;
- le code pénal ;
- le décret n° 93-1362 du 30 décembre 1993 ;
- le code de justice administrative, l'ordonnance n°2020-1402 et le décret n° 2020-1406 du 18 novembre 2020 ;
Après avoir entendu en séance publique :
- le rapport de M. Clément Tonon, auditeur,
- les conclusions de M. Guillaume Odinet, rapporteur public ;
Considérant ce qui suit :
1. Aux termes de l'article 25 du code civil : " L'individu qui a acquis la qualité de Français peut, par décret pris après avis conforme du Conseil d'Etat, être déchu de la nationalité française, sauf si la déchéance a pour résultat de le rendre apatride : / 1° S'il est condamné pour un acte qualifié de crime ou délit constituant une atteinte aux intérêts fondamentaux de la Nation ou pour un crime ou un délit constituant un acte de terrorisme (...) ". L'article 25-1 de ce code ne permet la déchéance de la nationalité dans ce cas qu'à la condition que les faits aient été commis moins de quinze ans auparavant et qu'ils aient été commis soit avant l'acquisition de la nationalité française, soit dans un délai de quinze ans à compter de cette acquisition.
2. L'article 421-2-1 du code pénal qualifie d'acte de terrorisme " le fait de participer à un groupement formé ou à une entente établie en vue de la préparation, caractérisée par un ou plusieurs faits matériels, d'un des actes de terrorisme " mentionnés aux articles 421-1 et 421-2 du code pénal.
3. M. A... B... a été déchu de la nationalité française par un décret du 22 octobre 2019 pris sur le fondement des articles 25 et 25-1 du code civil, au motif qu'il a été condamné par un jugement du tribunal de grande instance de Paris en date du 23 mars 2016 pour avoir participé à une...
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