26 June, 2024
This summer’s legislative election in France could mark a transitional point in European border policy.
Whether the President is able to see off the threat posed by the right-wing Rassemblement National (RN) party could have major ramifications for the continent’s mobility frameworks.
At stake is nothing less than France’s integral place at the centre of the world’s biggest free travel zone – the Schengen Area.
As a founding member of Schengen and one of the world’s top destinations for business and leisure travel, France is a major entry point to Europe.
Once third-country nationals, whether from Britain or Burundi, have had their arrival processed in France, they have 90 days in every 180 days to travel freely across 27 countries, as long as they’re not conducting any remunerative activities. This provides latitude for some business-related tasks like attending meetings and conferences.
With such a load-bearing role within Schengen’s flows of people, any change to French policy towards the Area would have a ripple effect on European travel as a whole.
If the RN secures its goal of winning a parliamentary majority in the upcoming ballot, big changes could be on the way for Schengen.
The RN has long advocated renegotiating the terms of the Schengen Area agreement and imposing controls at Schengen’s frictionless borders.
In this scenario, these borders would only be permeable for nationals of member countries. A proposed ‘double border’ system would strip third-party nationals of their automatic ability to travel freely from neighbouring countries into France.
If France’s request for such negotiations were refused – as is almost certain – RN leaders have said they would implement these changes unilaterally, in defiance of European law. If this transpired, France would effectively drop out of the EU’s flagship Freedom of Movement policy overnight.
If controls were imposed at Schengen’s internal borders, informal work-related travel to conferences, meetings, and other events would suddenly become harder. It is not uncommon for executives of multinational companies to attend consecutive events in, say, France, Germany and the Netherlands, moving smoothly between them.
The RN’s policy proposals would require travellers to present identification and justify their movements at each border – or, at least, at the French border.
Travellers carrying out more formal work in Schengen will normally require D-type work permits issued by the relevant nations. Beyond an objective of ending all non-economic migration, the RN has not explicitly disclosed what changes it would enact to policies around work permits. However, the party’s advocacy of fixed annual migration quotas suggests fewer permits would be available for businesses under an RN-led government.
Measures to cap net migration could also impact the range of work permit exemptions that France offers to third-country nationals carrying out roles in France for a period of three months or under. These include professional service workers and consultants in sectors like IT, engineering, architecture and insurance entering the country via intra-company transfers.
If this came to pass, companies would have to secure permits for all affected workers. This would create uncertainty, not to mention extra costs, in organising and facilitating important internal projects.
If the President’s gamble pays off, there is little chance of any of this transpiring. None of the RN’s rivals in this election advocate anything close to these wholesale changes to immigration policy. Any outcome other than an RN majority would see current arrangements continue indefinitely.
Whatever happens in this race, we will keep you updated on what it all means for your international talent strategy. If you have any further questions, please don’t hesitate to get in touch.
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