A history of sixteen detention orders
The challenged measure was the sixteenth placement based on the same expulsion decision made in 2007. The fifteen earlier periods had not resulted in removal.
The defence put that history before the judge. Earlier orders, release dates and outcomes allowed the latest placement to be assessed beyond the face of the new administrative order.
The constitutional framework applied
On 6 November 2025, the Constitutional Council held Article L. 741-7 CESEDA unconstitutional but deferred repeal until 1 November 2026.
During that temporary period, the judge must ensure that the new deprivation of liberty does not exceed necessary severity, taking previous detention periods into account. The order of 11 December applied that review to the file before it.
The decisive point and outcome
The court considered together the number of placements, their common basis, their lack of result and the circumstances of the latest order. It found that the new deprivation exceeded necessary severity in this case.
It reversed the earlier order and refused the extension application. The outcome rests on the combination of documented facts, not on a numerical threshold in legislation.
A limited and time-sensitive result
The order does not prohibit every new placement after an earlier detention. It shows why the cumulative history should be documented and reviewed concretely.
The framework is also temporary: repeal of Article L. 741-7 was set for 1 November 2026. Later proceedings must be reviewed under the law then in force.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
Did the court set a maximum number of placements?
No. It assessed sixteen placements based on the same measure and without a successful removal in the specific circumstances.
Why did the Constitutional Council’s decision matter?
During the period before repeal, it required review of the cumulative severity of the new deprivation of liberty in light of earlier detention periods.
Will the same rule apply after 1 November 2026?
That should not be assumed. Proceedings must be examined under the legislation in force after the repeal date.