Since May 1, 2026, France has implemented a €100 administrative fee for the second and subsequent renewals of the temporary residence permit (APS) issued to beneficiaries of temporary protection. While the stated objective of this reform is to cover the administrative costs of repeated renewals, the measure raises significant legal questions regarding its compatibility with European Union law.
This report provides a comprehensive legal analysis of the new fee, evaluating it against the Temporary Protection Directive (2001/55/EC), the core EU principles of effectiveness and proportionality, and the Charter of Fundamental Rights of the European Union.
Key Findings:
- Humanitarian Focus vs. Ordinary Immigration: Temporary protection is an emergency humanitarian mechanism intended to provide immediate and simplified access to rights for persons fleeing armed conflict, not a standard immigration scheme. Administrative requirements applied to ordinary migration cannot be automatically transferred to this vulnerable group without risking the core objectives of the Directive.
- The Principle of Effectiveness: While Member States have the autonomy to levy administrative fees, established case law by the Court of Justice of the EU dictates that these charges must not make the exercise of EU rights practically impossible or excessively difficult. A recurring €100 fee poses a substantial financial barrier for economically vulnerable displaced persons. Failure to pay can result in the loss of lawful residence, subsequently cutting off access to employment, healthcare, housing assistance, and banking services.
- Proportionality Concerns: The report argues that the €100 fee may fail the proportionality test. The French authorities have not provided public assessments demonstrating that this amount corresponds to the actual administrative costs of processing a renewal. Furthermore, less restrictive alternatives—such as income-based reductions or exemptions for highly vulnerable individuals—do not appear to have been considered.
- Fundamental Rights: Imposing recurring fees that could lead to social exclusion and the loss of legal status for impoverished individuals conflicts with the principles of human dignity and the right to an effective remedy outlined in the EU Charter of Fundamental Rights.
Conclusion and Future Outlook: The report concludes that the recurring administrative charge is difficult to reconcile with the humanitarian spirit of Directive 2001/55/EC. Consequently, this policy may trigger judicial reviews before French administrative courts or the Court of Justice of the European Union (CJEU). Such litigation could result in the annulment of administrative refusals, reimbursement of fees, or required amendments to French law, ultimately setting a precedent for the limits of Member States’ financial discretion in administering EU protection regimes.
Read full report ici.