Author: Emmanuel Ruchat

Belgian companies are increasingly looking abroad to address talent shortages, where there is a vast pool of motivated candidates. International recruitment specialist encourage business leaders and HR managers to consider international talents, which provides access to a broader range of candidates. They emphasize the benefits of a diverse workforce, noting that it fosters creativity and offers different perspectives. In 2022, foreign workers made up 15.8% of the workforce in Belgium, an increase of 25% over five years. This rise is attributed to measures taken by authorities to simplify the process of obtaining work and residence permits. The introduction of hybrid working conditions in recent years has expanded the recruitment scope in Belgium, as the location of residence is no longer a barrier. Belgium offers attractive working conditions for many international professionals. The country’s extensive range of additional benefits, including company cars, is particularly appealing to candidates from countries like the Netherlands and France. While base salaries might be comparable in countries like the Netherlands, candidates there might not have access to the same range of benefits as in Belgium. In 2022, the Office for Foreigners granted 8,098 “long stay” visas, primarily for professional reasons. The number of work permits, which allow companies facing staff shortages to request foreign labor, increased by 75% to 721. Language skills are essential for certain roles. While employers often lament the lack of language skills, not requiring French or Dutch proficiency can be an option for some positions. Most international candidates are fluent in their native language and English, which is beneficial for Belgian branches of international companies. For higher-level profiles, a recruitment firm expands its search beyond borders to find candidates with specific sectoral, functional, or project management knowledge. Eemployers who can plan ahead might consider reserving talents who are still studying in Belgium. Foreign students completing their master’s in Belgium can obtain a one-year residence and work permit upon graduation.

Ces thèmes sont profondément liés : ils concernent la cohésion sociale et les valeurs républicaines françaises. Au-delà du débat permanent, le droit positif peut permettre de combattre les dérives. La laïcité est un principe fondamental inscrit dans la loi de 1905 sur la séparation de l’Église et de l’État, assurant la neutralité de l’État face aux religions. En France, plusieurs outils juridiques garantissent le respect de ce principe : la Constitution, qui proclame la France comme une République “indivisible, laïque, démocratique et sociale” ; la loi de 1905, qui dispose que la République “ne reconnaît, ne salarie ni ne subventionne aucun culte”, garantissant ainsi la neutralité religieuse de l’État ; la loi du 15 mars 2004, qui interdit le port de signes ou tenues manifestant une appartenance religieuse dans les écoles, collèges et lycées publics ; la loi du 11 octobre 2010, qui interdit la dissimulation du visage dans l’espace public, ce qui inclut certaines tenues religieuses comme le voile intégral ; le Code pénal, qui punit les discriminations, les injures et les violences en raison de la religion, ainsi que les entraves à la liberté de culte. Tout dans la laïcité s’oppose aux dérives wokistes, dont les plus prégnantes sont le déboulonnage de statues, le changement de noms d’institutions ou de produits commerciaux, la tenue de réunions non-mixtes, la remise en question des programmes d’enseignement traditionnels pour y inclure davantage de voix non occidentales et minoritaires et l’utilisation de l’écriture inclusive. D’une façon générale, le droit positif permet au moins en théorie de développer des arguments au cas par cas : non-discrimination : en France, la loi interdit toute discrimination basée sur des critères tels que la race, le sexe, l’orientation sexuelle ou la religion ; liberté d’expression : les principes de liberté d’expression peuvent être invoqués lorsque des personnes estiment que leur droit d’exprimer des opinions contraires aux idées “woke” est restreint ; diffamation et injure : si une personne est publiquement dénigrée ou insultée dans le cadre d’un débat “woke”, elle peut avoir recours à la loi sur la liberté de la presse de 1881, qui punit la diffamation et l’injure ; droit du travail : en milieu professionnel, la législation sur le harcèlement moral peut être mobilisée si un individu estime être victime de comportements répétés visant à dégrader ses conditions de travail en raison de son refus d’adhérer à certaines idées “woke” ; protection du patrimoine : dans le cas du déboulonnage de statues, le Code du patrimoine français offre des protections juridiques aux monuments historiques. En ce qui concerne l’écriture inclusive, qui prétend rendre la langue française égalitaire en matière de genre, le droit positif est en évolution. En l’absence de loi récente précise (seuls des projets de loi existent à ce jour), les principaux outils juridiques sont les suivants : circulaire ministérielle du 21 novembre 2017, par laquelle le Premier ministre demande que l’écriture inclusive ne soit pas utilisée dans les textes officiels ; loi Toubon de 1994, qui impose l’usage du français dans un certain nombre de contextes, et qui peut être mobilisée pour interdire l’usage de l’écriture inclusive dans ces contextes ; l’Académie française, bien qu’elle n’ait pas de pouvoir juridique, qui a un rôle officiel de conseil en matière de langue française et a exprimé son opposition à l’écriture inclusive. La lutte pour le respect de ces principes peut être un combat long et méticuleux, nécessitant une vigilance constante et l’application de la tolérance zéro. Une récente décision du Tribunal administratif refuse de censurer sur cette pratique sur des plaques officielles. Ce n’est qu’un début, et une décision de première instance. Il ne faut jamais hésiter à saisir la justice lorsque de tels agissements deviennent excessifs.  

With 1,259 new projects in 2022 (a 3% increase from 2021), foreign-owned companies play a significant role in the French economy, employing 2.2 million people and contributing around 20% of the GDP, 25% of private R&D, and 35% of industrial exports. Despite economic and social instability, France has surged ahead of its competitors, the UK and Germany, thanks to successive reform waves since 2007. In the manufacturing sector, France remains the top destination for factory establishments and extensions, with 547 projects. The country is also the main hub for R&D investments, largely driven by its incentivizing innovation policy. A large portion of these investments occurs in rural areas or medium-sized agglomerations, with the Ile-de-France region surpassing Greater London as the most attractive European region. Foreign investment in France is distributed across various sectors, including business services, software and IT, automotive, aeronautics, industrial equipment, and agri-food. The availability of decarbonized energy and a skilled workforce are considered France’s primary industrial assets by international executives. Furthermore, France is experiencing a transition towards greener practices. The automotive and aeronautics sectors are making a significant shift towards decarbonized mobility. The health sector is witnessing a move towards repatriating production capacities that were previously outsourced to Asia. Lastly, in the electronics industry, particularly in the strategic semiconductor sector, France is benefiting from the current investment momentum in Europe, aiming to limit its dependence on Asian countries. Should you wish to invest and/or be a French resident: please refer to our Business & Immigration section (Talent Passport)

The French government unveiled in December the final version of the bill “to control immigration and improve integration”, which will soon be debated. The project aims to facilitate the deportation of persons in an irregular situation while opening up the possibility of recruiting migrants in certain areas. The new text will increase sanctions against illegal work, a fine of 4,000 euros for the employment of an irregular person. In case of recidivism within two years, the fine will be doubled. Applicants for residence permits, or holders applying for renewal, will have to demonstrate that they comply with the principles of the Republic, which include “freedom of expression and conscience, equality between citizens, in particular equality between women and men, freedom of sexual orientation, the dignity of the human person, symbols of the Republic and the fact of not invoking one’s beliefs or convictions to circumvent the rules”. common rules governing relations between public services and individuals”. Residence permits for occupations with tension should be introduced. A priori, this mainly concerns construction and medical professions, but the current list of professions in shortage could expand considerably. Employers who hire foreigners will have to consider as working time the French courses taken by their employees. Currently, only employees who have obtained a residence permit as part of a special authorization to work in a company that has not recruited in France are obliged to participate in French courses organized by the French Office for Immigration and Integration (OFII). Asylum seekers will be able to work immediately after submitting their application, whereas currently they have to wait at least six months. The bill also focuses on the care of immigrants who arrived illegally in France and detained in transit zones. Currently, judges must rule within 24 hours on the situation of those immigrants who could apply for asylum or had to be returned to the border. This period will be extended to 48 hours. It should also become possible to immediately expel from French territory an irregular person convicted of serious violence against a member of the security forces, proven domestic violence, aggravated robbery, theft committed with the help of minors or theft committed in a group in a dwelling. Persons who have already received, in the five years preceding the application, an Obligation to leave French territory (OQTF) will not be able to apply for a visa for the France.

“EU sanctions” are known in EU law as “restrictive measures”, the purpose of which being “intended to bring a change of policy or activity by the targeted country, a part of that country, its government, entities or individuals. These sanctions can be efficiently challenged before European courts. Restrictive measures are, according to the European External Action Service “a preventive and non-punitive instrument that should allow the EU to respond quickly to political developments or challenges”. Such definition is not really in accordance with the recent practice, which show a clear intention to punish some personalities for having some links, supposedly close or not, with the Russian president. EU’s competence to adopt the decision of imposing restrictive measures on third parties is the legacy of the practice of the Member States before the creation of the Union in 1993. Currently restrictive measures cover cases in which it has been decided to interrupt or reduce the Union’s economic relations with a third country (Article 215-1 of Treaty on the Functioning of the European Union, hereinafter TFEU), or to impose some constraints on individuals (Article 215-2 TFEU). Formally, restrictive measures are adopted through a decision taken within the framework of the European Union’s Common Foreign and Security Policy (CFSP). They are then implemented within the framework of the Union according to its competences, which are intergovernmental in this field. Although unanimity is the rule, sanctions are subject to the discretionary power of the Council of the European Union. Main measures applied to individuals are the freeze funds and financial assets, or to prohibit admission to the territory. Speaking less legally, it is in the opinion of many lawyers – and even more, of course, of persons subject to sanctions – that all this legal framework looks like a criminal law without saying so openly, notably in view of circumventing the rules applicable to the latter. EU authorities will not lose their time to prove anything seriously. The burden of the proof is reversed, as the victim of such sanction will have to initiate some proceedings at General Court in Luxemburg. But it is worth the effort. According to Article 263 of the TFEU, the action for annulment aims to have an act adopted by an institution and producing legal effects regarding third parties annulled. It may be brought within two months from the publication of the decision in the Official Journal of the EU. This action is submitted thanks to a claim, which will launch proceedings according to the Rules of Procedure applicable in General Court. These rules state in particular very strict deadlines, the calculation of which being sometimes challenging. An appeal can be lodged to the Court of Justice of European Union. Only certain categories of persons may bring such actions, and only certain actions are available against acts directly implementing restrictive measures within the Union. These are the Member States and the institutions of the Union, as well as the persons directly and individually affected by the contested restrictive measures. Third parties to the restrictive measures who are affected by them can only have access to the European Court indirectly. The grounds for reviewing the legality of the act vary according to whether the institution that issued the act lacks competence, whether the act violates essential procedural requirements, whether the treaty or the rules governing its application have been violated, or whether the act is contrary to the law. In any case, in addition to action for annulment, it is highly recommended to request a release separately, by written, to the Council. Finally, it must be emphasized that in certain situations, an action for damages may be brought before the Court, when it appears that the “measures” were taken wrongfully. It enables individuals who have suffered damage to obtain compensation from of the institution that caused it.

VLS TS Visitor Non-European nationals who wish to come to France for a long period (more than 3 months) for non-professional purposes can submit an application for VLS TS Visitor, ruled by Article L. 426-60 of CESEDA (French Code ruling Foreigners Stay and Residency) This visa can be granted for a maximum period of one year, renewable as many times as the candidate meets the conditions. Thus, in the current state of the regulations, nothing prevents a holder of VLS TS who has stayed for 5 years from applying for naturalization, which naturally remains subject to the assessment by the administration of all the conditions governing the acquisition of French nationality. This is a fairly short circuit and leaves little margin of appreciation to the administration as long as the file is properly set up. This visa implies in particular a commitment not to work in France. On the other hand,  sufficient financial resources to live for the duration of the stay are required; however, their level is quite low in theory: € 1,269 net monthly per person.  Naturally, a higher amount is preferable.  These can be own resources (annuities or pensions, income from real estate, etc.) or those of a family member.   Shorter residency paths leading to eligibility for citizenship A particularly quick way to obtain naturalization, by decree, is to obtain a degree in France. Among the conditions for the admissibility of an application for naturalization are  the length of stay or the length of residence required before an application is submitted. According to Article 21-17 of the Civil Code, this period is in principle 5 years before the filing of the application. But exceptions are provided for in article 21-18, allowing to submit an application after only two years of residence in France for a foreigner who has successfully completed two years of higher education in order to acquire a diploma issued by a French university or higher education institution. It should be noted that it is not required that the courses have been taught in French, so it is largely possible to use the many institutions that offer courses in English (most often for MBAs). To be complete, it should be added that two other types of situation give rise to the exception and therefore to a sufficient stay of two years: those who have rendered, or who can render, by their abilities and talents important services to the France; those who present an exceptional path of integration, appreciated in relation to the activities carried out or the actions carried out in the civic, scientific, economic, cultural or sporting fields. Finally, in certain situations (refugees, reintegration, persons who have completed military service in France and other exceptional cases after the opinion of the State Council), no minimum  duration of internship is necessary.

(i) In Belgian Law, Force Majeure must be not only unsurmountable but also impredictable. Rain was even less unpredictable that it had been raining since 2 days (causing some landslides in the circuit facilities and parkings, but this is another story…) and that all weather forecasts made it very clear that it wouldn’t stop before Sunday evening or Monday morning. There is clearly no Force Majeure to the case in point. (ii) FIA rules look like an open bar to internal machinations, just like “no cancellation after 2 laps”… so let’s go back to language definitions: GP implies a race, yet what is a “race” ? It is “a competition between runners, horses, vehicles, etc. to see which is the fastest in covering a set course”. Nothing like this took place on Sunday. In addition, FIA rules can not break Belgian public order. Also, they remain unclear: unclear law, “obscuri libelli”: prohibited. (iii) This story of 2 laps actually leaves the decision to only one contracting party, which means that there is no actual contract. In law you can’t say “I commit to do this only if I want”, this is probably an abuse, but for sure one-sided (“léonin”). Prohibited. 30/08/2021 lexial@lexial.eu