Transnational criminality – The French Court of cassation (Cour de cassation) examined the permanent ban from French territory in the light of the ECHR and EU law

Cour de cassation, criminelle, Chambre criminelle, 25 mai 2016, 14-84.333, Inédit

In the present case, the Court of Cassation had to decide on the issue concerning the criminal judge compliance with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Article 267 of the Treaty on the Functioning of the European Union (TFEU), Article 45 of the Charter of Fundamental Rights of the European Union (CFR) and Article 27 of Directive 2004/38/EC.

In the present case, there was a question about a person who was pimp of several Rumanian prostitutes, recruited in favor of a network operating on French territory. He gave instructions on the organization and monitoring of their activity and took also care of the perception and the transfer of profits.
The Court of appeal of Montpellier found the defendant guilty of aggravated procuring. Therefore, he appealed against the judgment.
The Court of Cassation rejected its appeal. On one hand, it rejected the plea on the violation of Article 6 of the ECHR on the grounds that the findings of the contested judgment enabled the Court of Cassation to make sure that the Court of appeal pronounced a prison sentence without suspension on grounds that would meet the requirements of Article 132-24 of the Criminal Code.
On the other hand, it rejected the plea on the violation of Article 267 of TFEU, of Article 45 of the CFR and of Article 27 of Directive 2004/38/EC on the grounds that the defendant that was sentenced in first instance to permanent ban from French territory was not admissible to invoke for the first time before the Court of Cassation a plea on the disproportionate character of the limitation on the principle of free movement in the European Union,  while he failed to raise these exception before the Court of Appeal.

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