Lawyers say activists were served anti-terrorism MICAS orders ahead of the 31 October protests. What this regime is, how it differs from the 'assignation à résidence' a foreigner can face after an OQTF, and how such an order is challenged

What happened

On Sunday 1 November, lawyers in several cities told AFP that, on the eve of the nationwide protests of 31 October, activists they represent had been served so-called MICAS — individual administrative control and surveillance measures. The orders covered 31 October and 1 November and, among other things, barred the people concerned from leaving their commune and from taking part in demonstrations. The interior ministry did not answer the agency's request, and the total number of such orders is not known. The lawyers argue that a tool designed against terrorism was misused; whether it was lawful is for the courts to decide, not us.

Below is what the law says. It stays useful whatever the outcome of that dispute.

What MICAS are

MICAS (mesures individuelles de contrôle administratif et de surveillance) sit in Chapter VIII of Book II of the Code de la sécurité intérieure. They were introduced by the law of 30 October 2017.

Purpose. Under Article L228-1, solely to prevent acts of terrorism. The decision is taken by the interior minister — not the prefect, not a judge. Two conditions must be met together: serious reasons to believe the person's behaviour is a particularly grave threat to public security, and a link to terrorism — regular contact with people or groups who incite or take part in it, or support for or spreading of an ideology that incites it.

What can be imposed (Article L228-2, version in force since 29 July 2026):

• not leaving a set area, which cannot be smaller than the commune and must allow family and working life;
• reporting to the police or gendarmerie — no more than once a day;
• declaring one's home address and any move;
• staying away from places where an event at risk of a terrorist attack is held — for the duration of the event, 30 days at most; this ban must be notified at least 48 hours in advance, except in urgent cases.

Duration. Each obligation lasts up to three months from notification and can be renewed for up to three months by a reasoned decision; beyond six months, every renewal needs new evidence. The total cannot exceed twelve months. The measures are lifted as soon as the conditions are no longer met.

Penalty. Evading the obligations is punishable by up to three years in prison and a €45,000 fine (Article L228-7).

How an order is challenged

Under Article L228-2:

• the order itself can be challenged before the administrative court within two months of notification; the court must rule within 15 days;
• a renewal must be served at least five days before it takes effect; it can be challenged before the president of the administrative court within 48 hours, the judge rules within 72 hours, and the renewal cannot take effect before that ruling;
• the urgent référé procedures (Articles L521-1 and L521-2 of the Code de justice administrative) remain available alongside. We explained how the référé-liberté works in our post on the route of the 31 October march.

For an order lasting a day or two, it is the urgent procedure that matters in practice: the ordinary 15-day ruling would come after everything is over.

Not to be confused with a foreigner's assignation à résidence

MICAS are often loosely called 'assignation à résidence', but for a foreign national that phrase usually means something else — a measure under the immigration code (CESEDA). According to the Service-Public page (checked 19 November 2024):

• it is tied to a removal decision — an OQTF, a ban from French territory, an expulsion and so on; it does not apply to nationals of European countries or their families;
• it is decided by the prefect (the police prefect in Paris), not the minister;
• the short form lasts up to 45 days, renewable twice (135 days in all); the long form up to a year, renewable twice;
• the deadline to challenge depends on the type: 7 days under the priority procedure (OQTF and others) or 2 months under the ordinary one (expulsion and others);
• failing to go to the assigned place or leaving it without permission is punishable by up to three years and €15,000.

The deadlines are shorter and run from a different decision, so the first thing to look at in any document received is which code it cites: the Code de la sécurité intérieure (L228-…) or CESEDA.

What this means in practice

• The decision is served in writing; the date of service starts every deadline, so it is worth noting down.
• Deadlines are short: 48 hours, 7 days, 15 days. People who receive such a document usually go straight to a lawyer.
• Breaching an order is a criminal offence even if the person is convinced the order is unlawful. The dispute belongs in court, not in ignoring the order.
• We found no official guidance on whether a MICAS affects the renewal of a residence permit, so we say nothing about it.

The interior ministry has given no follow-up so far: no figures, no comment.