The Association SOS practitioners with diplomas outside the European Union of France and others brought up a priority question of constitutionality (QPC) before the Council of State. ” The Constitutional Council was seized on December 24, 2020 by the Council of State of a QPC relating to the conformity with the rights and freedoms guaranteed by the Constitution of B of paragraph IV and of paragraph V of article 83 of law no. ° 2006-1640 of December 21, 2006 of social security financing for 2007 », We can read in a press release from the high court.
The paragraphs in question refer to a ” derogatory device which allows these practitioners holding a diploma issued outside the European Union, when they have exercised any health profession in France for at least two years since January 1, 2015 and for at least one day between October 1, 2018 and June 30, 2019, to file such an application for authorization to exercise ».
The applicants argued that these provisions limited access to an application for authorization ” only practitioners with a foreign diploma who have exercised a health profession within a health establishment and thus exclude practitioners with a foreign diploma who have exercised this same health profession in a social or medico-social establishment “. They claimed a difference in treatment contrary to the principle of equality before the law.
In its decision dated March 19, 2021, the Constitutional Council recalls that the law is the same for everyone. ” The Constitutional Council deduces from this that the disputed difference in treatment, which is also not justified by a reason of general interest, violates the principle of equality before the law. He therefore declares the contested provisions contrary to the Constitution. This declaration of unconstitutionality comes into effect on the date of publication of this decision and is applicable to all cases not decided definitively at this stage. », Concludes the high court in its press release.
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