Constitutional Council upholds exclusion of non-EU students from housing aid

The Constitutional Council validated on Thursday, February 19, 2026, an article in the finance bill excluding non-European and non-scholarship students from personalized housing aid. This measure, requiring at least two years of presence in France, is criticized as a form of national preference by opposition parties and student associations. The Sages, however, ruled that it pursues a general interest objective in controlling APL-related expenditures.

On February 19, 2026, the Constitutional Council approved a provision in the 2026 finance bill that denies personalized housing aid (APL) to non-European and non-scholarship students. This exclusion applies to those present in France for less than two years, with details specified by decree. Appeals filed by the Socialist Party (PS), La France Insoumise (LFI), the Ecologists, and the Left Democratic and Republican group (GDR) were rejected.

The Fondation pour le logement, backed by about fifteen associations and student unions, opposed the measure. According to the Observatoire de la vie étudiante, foreign students relied on food aid three times more often in 2023 than French students. The reform could cut their budget by 150 to 250 euros per month, as APL is one of the few aids available to them.

The PS argued that the provision contradicts the principle of equal access to education and the right to decent housing. LFI recalled an April 2024 ruling that struck down residence requirements for social benefits as disproportionate.

The Sages determined that the measure aims to control APL expenditure growth, justifying a deviation from equality for differing situations or general interest reasons. They added an interpretive reservation, requiring application in line with the Constitution's preamble on individual development and means of existence.

Disparities already exist, such as the RSA requiring five years of residence or differentiated enrollment fees for non-EU students. Constitutional scholar Anne-Charlène Bezzina described the decision as a hardening of jurisprudence without a total break.

LFI deputy Eric Coquerel criticized it as a shift toward national preference drawn from the National Front's program. Manuel Domergue from the Fondation pour le logement expressed disappointment over its impact on precarious foreign students. FAGE president Suzanne Nijdam was surprised and considers actions, while UNEF's Manon Moret and Union étudiante's Léa Jules-Clément fear homelessness and study dropouts, vowing continued mobilization.

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Dramatic photo-realistic scene of France's Constitutional Council building with suspended 2026 budget documents and debating politicians.
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France still lacks applicable 2026 budget

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France's 2026 budget remains inapplicable due to multiple referrals to the Constitutional Council, including by the government itself. This unprecedented move since 1977 suspends its implementation until a decision expected by February 20. Several opposition parties have also challenged fiscal and social measures in the text adopted on February 2.

The French Constitutional Council validated nearly all of the 2026 finance bill on February 19, censoring only eight minor provisions and issuing reservations on two others. This includes approval of the holding tax despite Prime Minister Sébastien Lecornu's referral, allowing President Emmanuel Macron to promulgate the law after the National Assembly's adoption earlier in February.

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After several days of intense debates in the National Assembly, the 2026 finance bill increasingly resembles a 'Frankenstein' budget, a patchwork of contradictory amendments complicating its final adoption. The executive, avoiding Article 49.3, faces strong opposition on measures like the surtax on multinationals and limits on sick leave. Lawmakers from all sides have adopted or suppressed key provisions, raising the risk of overall rejection.

The National Assembly's finance committee rejected the 'expenses' section of the 2026 budget on Saturday, following the dismissal of the 'revenues' part the previous day. Discussions, plagued by absenteeism, failed to reach agreement, widening the public deficit. The government still aims for adoption by month's end to keep the deficit below 5%.

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In the night of November 21 to 22, 2025, the French National Assembly rejected almost unanimously the first part of the 2026 finance bill, concerning revenues. Only one favorable vote and 84 abstentions were recorded against 404 rejections. The government's initial text will be sent to the Senate without the adopted amendments.

France's 2026 budget was promulgated on February 20 after an unprecedented process, featuring nearly 25,000 amendments and over 50 days of delay. Almost fully approved by the Constitutional Council on February 19, this text stands as the most debated in the Fifth Republic's history, with a result deemed disappointing by all observers.

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The association La Maison des potes has filed a complaint against Thierry Mariani, RN candidate for Paris mayor, over his pledge to introduce national priority in social housing access. The move aims to challenge a breach of equality laws. The case echoes prior legal issues involving the RN party.

 

 

 

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