Décision judiciaire de Conseil d'Etat, 28 juillet 2000 (cas Conseil d'Etat, 5 / 7 SSR, du 28 juillet 2000, 215874, mentionné aux tables du recueil Lebon)
Date de Résolution: | 28 juillet 2000 |
Juridiction: | Conseil d'etat |
Nature : | Décision |
Vu la requête enregistrée le 30 décembre 1999 au secrétariat du contentieux du Conseil d'Etat, présentée par M. Mostafa X..., demeurant chez M. Y... Baba, Résidence Saint-Guilhem 2, porte 73, 364 Le Grand Mail à Montpellier (34080) ; M. X... demande au Conseil d'Etat :
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) d'annuler le jugement du 14 décembre 1999 par lequel le conseiller délégué par le président du tribunal administratif de Montpellier a rejeté sa demande d'annulation de l'arrêté du préfet de l'Hérault en date du 16 novembre 1999 ordonnant sa reconduite à la frontière ;
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) d'annuler pour excès de pouvoir cet arrêté ;
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) de condamner l'Etat à lui verser la somme de 4 000 F sur le fondement de l'article 75-I de la loi du 10 juillet 1991 ;
Vu les autres pièces du dossier ;
Vu la convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales ;
Vu l'ordonnance n° 45-2658 du 2 novembre 1945 modifiée ;
Vu la loi n° 91-647 du 10 juillet 1991 ;
Vu le code des tribunaux administratifs et des cours administratives d'appel ;
Vu l'ordonnance n° 45-1708 du 31 juillet 1945, le décret n° 53-934 du 30 septembre 1953 et la loi n° 87-1127 du 31 décembre 1987 ;
Après avoir entendu en audience publique :
- le rapport de Mme Le Bihan-Graf, Auditeur,
- les conclusions de M. Chauvaux, Commissaire du gouvernement ;
Sur la régularité du jugement attaqué :
Considérant qu'aux termes de l'article 22 bis de l'ordonnance du 2 novembre 1945 : "L'étranger peut demander au président du tribunal ou à son délégué ( ...) la communication du dossier contenant les pièces sur la base desquelles la décision attaquée a été prise" ;
Considérant qu'il ne ressort pas des pièces du dossier que M. X... ait demandé au président du tribunal administratif de Montpellier ou à son délégué la communication du dossier contenant les pièces sur la base desquelles a été pris l'arrêté du préfet de l'Hérault en date du 16 novembre 1999 ordonnant sa reconduite à la frontière ; que, par suite, le moyen tiré de ce que le magistrat délégué aurait méconnu le principe du contradictoire en ne lui communiquant pas les pièces en cause ne peut qu'être écarté ;
Sur la légalité de l'arrêté de reconduite à la frontière :
Considérant qu'aux termes du I de l'article 22 de l'ordonnance du 2 novembre 1945 modifiée : "Le représentant de l'Etat dans le département et, à Paris, le préfet de police, peuvent, par arrêté motivé, décider qu'un étranger sera reconduit à la frontière dans les cas suivants : ( ...) 3° Si...
Pour continuer la lecture
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