On 31 January 2023, the so-called 'Kasbarian-Bergé' bill aimed at "protecting housing against illegal occupation” was examined by the French Senate, where the conservative opposition holds a majority. Although the bill was adopted on 2 February 2023 it still has to undergo a second reading by both chambers.
The text has at least three questionable dimensions from the perspective of the right to housing:
- The penalisation of squatters and tenants remaining in the premises after an eviction judgment.
- The extension of eviction procedures by the public authorities outside the judicial process.
- The acceleration of the rental eviction procedure.
The initial text of the bill was developed along two general lines. The first concerns the most serious change under Art. 1.A. In particular, “entering or living in premises for residential use” without title is punishable with three years’ imprisonment and a fine of 45,000 euros. In addition to premises for residential use, the text also criminalises entering or living without title in premises “for economic use[1]”. The second one concerns the more specific incrimination: "Living without right or title in premises for residential use in violation of a final and enforceable court decision” two months after the order to leave the premises is punishable by six months imprisonment and 7,500 euro fine. According to the Syndicat des Avocats de France (November 28, 2022), the risk is that the police can evacuate the premises without needing the authorization of any legal procedure.
As for art. 2 bis, the owner’s liability for damage caused by the deterioration of a building, due to lack of maintenance, is limited. The occupant would be liable even for damage caused by third parties. However, according to the Syndicat des Avocats de France, the occupant is expected to be liable for the damage while not having the right to intervene in the building. Ultimately, the bill would reduce the powers of the judge to consider exceptional situations, particularly in the event of manoeuvres by the landlord on extremely vulnerable tenants. The judge, according to the initial text of the bill passed by the French General Assembly, could no longer ex officio grant payment deadlines and suspend the resolutory clause, nor even check the amount of the debt claimed by the landlord, nor the decency of the accommodation.
Luckily, the French Senate has introduced significant changes to the initial text of the bill:
- In relation to squatting the penalty is reduced to 2 years and a 30,000 euro fine.
- In relation to former tenants by removing the six months sentence of prison but maintaining the 7,500 euro fine.
- There are some exceptions in which the provisions do not apply such as winter truce, delays granted by the judge, social and public housing.
- It has restored the powers of the judge.
It is worth noting that the provisions in this bill conflict with European human rights law. Indeed, as highlighted by the ‘Défenseur des droits’ (French Ombudsperson)[2], Claire Hedon, many provisions of the proposed law constitute disproportionate and unnecessary infringements of the right to respect for private life of illegal occupants. According to the European Convention on Human Rights (ECHR) Article 8 and the principle of proportionality, any restrictions on the right to private life must be necessary, appropriate, and proportionate to fulfilling an essential social need.
Faced with the possibility of a major setback to the right to housing, organizations, social movements, and labour unions joined forces to urge senators to stop the passage of the bill. The Abbé Pierre Foundation, along with other advocacy groups, were leading the charge against this legislation. The Collectif des Associations Unies (C.A.U.) explained in their press release that the initial bill would pose a risk to the right to housing by imposing severe penalties on squatters.[3] According to this group of associations the law already condemned the occupation of main or secondary empty housing with one year's imprisonment and there was no need to reinforce it. A major risk of the bill is that its target goes beyond squatters (Basta!, January 17, 2023), criminalising precarious tenants, people in poverty, those living in inadequate housing, and those facing life problems (Politis, January 17, 2023). Following a demonstration on January 28th and 29th, 2023, the "Fédération Droit au Logement" issued a press statement calling for the bill to be withdrawn.
In conclusion, the Kasbarian-Bergé bill raises concerns about the criminalization of individuals who are already facing difficult circumstances in the housing crisis. These individuals, such as tenants who are at risk of eviction and those living in insecure conditions, often resort to occupying vacant and unused properties as a form of accommodation. However, instead of addressing the root causes of the housing crisis, such as the high cost of rents and inflation, this bill, if passed, would place additional burdens on the most vulnerable population, potentially leading to serious social and human consequences.
The bill is still in its second reading stage. It remains uncertain what will happen when it returns to the National Assembly and is taken up by the members who originally proposed it. The coming months will provide more clarity on the matter.
