2023-07-27 11:35:33
Three deputies La France insoumise (LFI) took legal action on Monday July 24 to denounce the refusal of the mayor of Béziers (Hérault), Robert Ménard, to celebrate the marriage between a 23-year-old Algerian, in an irregular situation on French soil. , and a 29-year-old French woman. This referral, signed by the deputies Sylvain Carrière and Nathalie Oziol (Hérault), Andrée Taurinya (Loire) and the “rebellious” mayor of Grabels, René Révol, comes in addition to the two complaints previously filed by the couple themselves and by SOS-Racism.
The case begins on July 7, when the city councilor – formerly close to Marine Le Pen and Eric Zemmour – refuses to celebrate a marriage because of the irregular situation of the young man, under the influence of an obligation to leave the French territory, and its previous convictions by the courts. “He wants to marry a Frenchwoman six years older than him, already a mother of three children: it smells like a white wedding! », he justified Figaro.
On July 6, in a press release, the Béziers prosecutor, Raphaël Balland, nevertheless recalled that the Marriage is a fundamental right. He specified that the prosecution had given its approval to the union on June 16, considering that it “did not exist enough serious indications allowing him to presume the absence of matrimonial consent”. In accordance with the constitution of a marriage file, the couple had been interviewed by a civil registrar.
Read also: Robert Ménard refused to celebrate the marriage of an Algerian in an irregular situation; the couple filed a complaint
On June 26, the Béziers prosecutor’s office had however opened a preliminary investigation for “to ensure fully of the legality of this marriage”, recalls Mr. Balland in a press release. The conclusions have not yet been rendered. “I closed the investigation of the interdepartmental directorate of the police at the borders of Sète on Tuesday July 25 and it will be sent to me so that I can examine it before taking my decision on the legal consequences in the coming weeks” , details at Monde the prosecutor.
Groom’s eviction not contested
The Algerian national was deported on July 20. He had been placed in an administrative detention center on the 17th. The referral of the LFI deputies is not intended to call into question the expulsion of the young man, but questions the legal capacity of the mayor of Béziers to refuse the celebration of a marriage. “The right to marry is not conditioned by the regularity of the stay”, says Clara Trugnan, lawyer specializing in immigration law.
The deputies have “reported” to the public prosecutor Mr. Ménard’s decision, relying on article 40 of the code of criminal procedure which provides that “Any constituted authority, any public officer or civil servant who, in the exercise of his functions, acquires knowledge of a crime or misdemeanor is required to give notice without delay to the public prosecutor”.
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