![Housing: will HLMs be reserved for French families after the dissolution? Housing: will HLMs be reserved for French families after the dissolution?](https://cap.img.pmdstatic.net/fit/https.3A.2F.2Fi.2Epmdstatic.2Enet.2Fcap.2F2024.2F06.2F10.2F99737371-de4f-4c68-a832-798edcc02d35.2Ejpeg/1200x630/focus-point/970%2C1592/cr/wqkgRnJlZXBpayAvIENhcGl0YWwgIC8gQ0FQSVRBTA%3D%3D/logement-les-hlm-seront-ils-reserves-aux-familles-francaises-apres-la-dissolution-1498022.jpg)
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The National Rally, the clear winner of the European elections, wants to reserve access to low-rent housing (HLM) for French families. But is it really possible?
This is the flagship proposal of the National Rally (RN) in terms of housing. The far-right party, the clear winner of the European elections on Sunday June 9, with 31.5% of the vote, wants to reserve access to low-rent housing (HLM) for the French. The president of the RN Jordan Bardella also declared that he wanted to exclude convicts from social housing. “I think that when you have a criminal record as long as your arm, you should not be able to benefit from HLM”, he decided on RMC on April 17. While the President of the Republic Emmanuel Macron announced a dissolution of the National Assembly on Sunday June 9, a question arises. Can the RN really reserve access to HLMs for households of French nationality if it becomes a majority in parliament? Response elements.
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Let’s start with a little political fiction. For the RN to be able to implement its program, it would have to win the next legislative elections, scheduled for June 30 and July 7, in order to become a majority in the National Assembly. A scenario which would propel Jordan Bardella to Matignon, the new Prime Minister then being free to bring executives from the nationalist party into the government. But even if these conditions are met, the RN would not be able to reserve access to HLM for French families, according to Philippe Blachèr, associate professor of constitutional law at the University of Lyon-II-Lumière. At issue is the constitutionality of such a measure. “The principle of equality as interpreted in the jurisprudence of the Constitutional Council prohibits any discrimination based on nationalityhe explains. The law advocated by the RN could be legally adopted but it would be blocked by the Constitutional Council.
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Impossible to punish a person twice for the same acts
Two decisions rendered by the Constitutional Council in fact go in this direction. On January 22, 1990, the Wise Men considered, in the name of equality in terms of social benefits, that it was not possible to exclude foreigners from the benefits of certain social benefits. In 2011, the Sages also affirmed that a law which granted housing assistance to veterans based on their nationality was contrary to the principle of equality. In addition, article 225-1 of the Penal Code stipulates that “any distinction made between natural persons on the basis of their origin constitutes discrimination”. “It is therefore impossible according to the law to reserve housing assistance for certain people based on their origin.», insists Philippe Blachèr.
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In addition to reserving HLM for French families, the RN also plans to evict delinquents from social housing. A measure which has no chance of succeeding, again according to Philippe Blachèr. “No one can be prosecuted or punished criminally a second time for the same facts, this is a major principle of French law, says the law professor. As it currently stands, it is therefore impossible to exclude a household from housing due to a court decision.” The law strictly regulates eviction procedures, such as for non-payment of rent, damage to housing or abnormal neighborhood disturbances.
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