Well, I’m a gonna raise a fuss, I’m gonna raise a holler
About workin’ all summer just to try an’ earn a dollar
Everytime I call my baby, to try to get a date
My boss says, no dice, son, you gotta work late
Sometimes I wonder what I’m gonna do
‘Cause there ain’t no cure for the summertime blues
Well, my mom an papa told me, son, you gotta make some money
If you want to use the car to go ridin’ next sunday
Well I didn’t go to work, told the boss I was sick
Now you can’t use the car ’cause you didn’t work a lick
Sometimes I wonder what I’m gonna do
‘Cause there ain’t no cure for the summertime blues
Ow
I’m gonna take two weeks, gonna have a vacation
I’m gonna take my problem to the United Nation
Well I called my congressman and he said quote
“I’d like to help you son, but you’re too young to vote”
Sometimes I wonder what I’m gonna do
‘Cause there ain’t no cure for the summertime blues
Well, I’m a gonna raise a fuss, I’m gonna raise a holler
About workin’ all summer just to try an’ earn a dollar
Sometimes I wonder what I’m gonna do
‘Cause there ain’t no cure for the summertime blues
Yeah, sometimes I wonder what I’m gonna do
‘Cause there ain’t no cure for the summertime blues
No, there ain’t no cure for the summertime blues

The song “Summertime Blues” was recorded by the American rock and rockabilly artist Eddie Cochran and written by Cochran and his manager, Jerry Capehart. It was released in August 1958, originally as a single B-side..

Out of all the weeks I was supposed to be on vacation, I was away from Paris only during the last one. I saw and heard about calamities occurring in the USA, France and pretty much all over Europe this summer. My awareness of these tribulations made me choose this song. While my office was closed, I also had to deal with some hardships of my own.

Instead of information about how many people spent time in seashore resorts and how warm the sea was, this year we heard about wildfires all over France, and in many parts of Europe, as well as in areas generally not affected in the USA and Canada. We also heard about deaths from flooding and storms, as well as serious droughts. And this is just the news about the climate! The rest of the news, regardless of the topics, has been pretty gloomy, and one needs to scrutinize the media to find good news that inspires cautious optimism.

THE TAIWAN CRISIS
In my November 2021 issue, titled “Cloudy,” I described my longtime interest in the modern history of Taiwan. As often happens with old civilizations, to understand what is happening today one needs to go back several centuries, and I have researched Taiwanese history from the 17th century up to the present. With some Far East nations, exploring history for several thousand years is necessary to decipher current situations, and I almost never see such an in-depth perspective in either the French or American media reporting about the current situation in Taiwan. Suddenly everyone has discovered the conflict that exists in the China Sea, yet the origins of the impasse began in 1949 when General Chiang Kai-Shek and his armies and followers found refuge on the island known as Formosa. Tensions were high in August 2022, with the media talking about war being imminent. But I doubt armed conflict will break out any time soon. The hope that journalists covering this situation will go back to 1996, the year of the first-ever direct and de facto democratic presidential election in Taiwan, is perhaps not very realistic in today’s environment, but should diligent journalists cover those events, people today would be better informed and take sensationalist journalism with a grain of salt. Nevertheless, I believe that Nancy Pelosi is well acquainted with the history of Taiwan in the past 26 years, and probably even longer, as she was militant about the Tiananmen Square protests held in Beijing, which occurred in 1989.

THE FINALIZATION OF THE “A SURVIVAL HOME IN PARIS” PROJECT 
The closing on the property on August 11th almost did not occur, as few of the parties concerned were in town except our family. Based on the situation as of August 31st, it would be quite optimistic to envision the first guest moving in on November 1st. The renovation should be completed in September but the delivery of the furniture is going to take about two months and, as my regular readers know, whatever is done in August does not count, as the factories are closed. I will use my Facebook account and the October issue to keep people informed about the exact date when everything will be ready.

I remind my readers of the kind of project I have in mind. The studio should ideally serve as temporary but comfortable lodging for someone who has either secured a long-stay visa or is submitting a request for one. It could also be for someone who wants to “test drive” living in France while on a 90-day Schengen regulation before taking the plunge – or not – to buy or rent somewhere on a more long-term basis. After 25 years of offering “A Survival Kit for Paris,” I will soon be able to propose “A Survival Home in Paris” to those who need it, as an extension of my services.

These are the guidelines to accommodate this project:

Rentals will be for a minimum of two months, maximum of six months. This is meant to be the first step toward settling in Paris, or for people who have a serious interest regarding France.

The monthly rent is 1,200€, all included (internet access, utilities and so on), with payment for the duration of the rental period due when the reservation is made.

The security deposit of the same amount, 1,200€, is added to the rent payment.

This is a no-smoking, no-pet place.

My website should soon have a section dedicated to the apartment so that reservations and payment can be done online.

Given the size of the studio – 329 square feet (30 square meters) – and the way it is set up, it is ideal for a single person. It might be considered a tad too small for a couple by American standards: there is just one room, which includes the kitchen, and only the bathroom is separate.

The two walk-throughs cost 150€ each and the initial one includes as such a one-hour session with my assistant, Sarah, for advice and guidance to help with the stay aside from showing the studio, its appliances, and other things.

While this rental business is totally separate from my consulting business, I expect many of the guests will have been my clients earlier, so the two lines of service can coexist.

EU INFORMATION FOR VISITORS: ETIAS AND STAYING AFTER PERMISSION EXPIRES
I discovered two breakthroughs have come from the EU administration.

ETIAS
What I believe to be the more important of the two concerns the planned European Travel Information and Authorization System (ETIAS).

Currently citizens of 63 countries that are not in the European Union (EU) can enter the EU’s Schengen area without a visa. The USA is one of these countries.

ETIAS will be a completely electronic system that allows and keeps track of visitors from these countries. It resembles the Electronic System for Travel Authorization (ESTA), which serves a similar purpose in the USA.

The legal process to create ETIAS started in 2016. The system is expected to be fully operational in May 2023, but not mandatory until the following November. Currently there is still some uncertainty regarding the timing of its implementation. 

ETIAS will make a detailed security check of each applicant to determine whether they are allowed to enter a Schengen country. This procedure applies to those who do not need a visa for travel of up to 90 days in the EU. ETIAS will gather, keep track of and update information to make sure they are not a security threat. It will also monitor precisely who is overstaying the 90-day limit inside the Schengen area.

People who are applying for or renewing an immigration status do not need to request ETIAS.

www.schengenvisainfo.com/etias

Staying after a visa or other permission has expired
I am often asked about this second issue. My answer has always been that at the end of the immigration right documented by a visa, carte de séjour or other document, the illegal stay starts. At the same time, especially in France, there is a certain tolerance for stays beyond that date. The European Commission has issued a statement that recognized this right to overstay the expiration date of an immigration status at the EU level, which I have been calling “tolerance”.

Here is the statement given by Dimitris Avramopoulos, then EU Commissioner for Migration, Home Affairs and Citizenship. on behalf of the Commission on March 13th, 2015, to an EU Parliament question:

“The Commission confirms its reply of 16 December 2014 on the same issue (E-007775/2014). Consecutive stays beyond 90 days in a Member State (such as a continuous stay without interruption right after the expiry of a long‐term residence permit) are not regulated by the Schengen acquis.

“According to Article 5(1a) of the Schengen Borders Code, the periods of stay authorized under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of short-stay on the territory of the Schengen Member States (when assessing the compliance with the 90 days in any 180-day rule provided by the EU/Schengen acquis). This provision thus allows visa-free third-country nationals (such as US citizens) legally to remain in the Schengen area and visit the other Schengen Member States than the one that issued the residence permit; they can start ‘consuming’ their 90 days visa-free ‘tourist’-stay without leaving and re-entering the Schengen area.

“However, this provision does not allow for a continuous, uninterrupted stay in the Member State that issued the residence permit. As already stated, that would require a successful application for the prolongation/extension of stay from the Member State that issued the permit, which is obviously to be arranged before the expiry of the permit. Finally, it is to be noted that the EU/Schengen acquis does not prevent the Member States from prolonging the stay (extending the validity of the permit) for less than 90 days. The overall duration of stay matters, when, as is the case in the example discussed here, this is more than 90 days, national law applies.”

www.europarl.europa.eu/doceo/document/E-8-2015-000886-ASW_EN.html

The parliamentary question, reference E-007775/2014, to which the first paragraph refers, was as follows:

“In the Commission’s view, is it possible for a third‐country national residing in an EU Member State based on a long‐term residence permit to then, once that permit has expired, remain without interruption in that same Member State based on the rules on staying in the Schengen Area — i.e., 90 days out of 180 days? If not, would it be necessary for that foreign national to leave the Member State of residence as soon as possible and then re‐enter since the relevant provisions connect the right to remain on the territory with the ‘arrival’ in that territory?

“This question mainly concerns third‐country nationals (i.e., non-European) for whom compulsory EU visa programs are in place.”

THE RIGHT TO OPEN A FRENCH BANK ACCOUNT IS NOW EASIER TO ENFORCE
As of June 13th, 2022, people who apply for a bank account and do not receive a reply within 15 days of their application can turn immediately to the Banque de France, which will designate a bank close to the applicant’s home. This procedure is open to any person residing in France or other EU country, any French person residing abroad and certain applicants who are not allowed to use a bank.

A decree published on March 13th, 2022, in the Journal Officiel simplified the procedure for people who do not have a deposit account and cannot obtain one from the institutions they have applied to. The objective is to modify the deadlines in the procedures concerning the right to an account and improve follow-up.

A person without an account who has not received a response from the bank contacted within 15 days may refer the matter to the Banque de France by providing proof of their application in the form of an acknowledgment of receipt of the registered letter sent to the banking establishment or a receipt for hand delivery of the request.

The implicit refusal system that came into force on June 13th, 2022 replaced the certificate of refusal to open an account that the bank concerned had to produce. It was sometimes difficult or even impossible to obtain this certificate. Now one only has to refer the matter to the Banque de France to assert one’s right to an account.

Within one working day of the referral, the Banque de France designates a bank near the applicant’s home or other place of their choice. Within three days of this designation, the bank chosen must provide the customer with the documents required to open an account.

The designated institution is not obliged to open an account, but it must inform the Banque de France of the reason for any refusal. It must also inform the Banque de France if it subsequently terminates the account management agreement opened under this process.

The designated bank must provide the following basic services:

• – opening, maintaining and closing the account,
• – issuing bank identity statements on request called RIB, which has the IBAN of the account,
• – effecting direct debit of bank transfers,
• – sending a monthly statement of transactions on the account,
• – carrying out cash operations,
• – providing checkbooks and bank transfers,
• – carrying out cash deposits and withdrawals at the counter or ATMs,
• – making payments by direct debit, interbank payment orders or bank transfers,
• – providing a means of remote consultation of the account balance,
• – furnishing a bank card and authorizing its use,
• – providing two bank check forms per month or an equivalent means of payment offering the same service..

Established by article 58 of the law of January 24th, 1984, on the activity and control of credit institutions, the right to a bank account is open to any individual or legal entity residing in France, to any individual requesting an account for non-business purposes and residing in another EU country and to any French person residing abroad. Applicants who are banned from banking, registered in the file of personal credit incidents or the central checks file, or in an overdraft situation may also exercise this right.

www.service-public.fr/particuliers/actualites/A15560

MY FEES ARE INCREASING ON SEPTEMBER 1st, 2022
1st meeting/1st work: 350 euros for 2 hours 
Extra per hour: 150 euros 
Handling mail in my office: 50 euros per month 
Handling mail at my home: 60 euros per month 
Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation 
Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.

QUESTION

MOVING BELONGINGS TO FRANCE AND FRENCH CUSTOMS REGULATIONS

After completing my two-year master’s at the University of Rennes next month, the university has helped us obtain a two-year extension to our passport-talent visas from the prefecture.
Now that my immigration situation is under control, my wife and I would finally like to move our household possessions to France – they have been in storage in the United States since I started living in France.
We have started working with an international moving company who will handle processing the container through French customs, but they need us to provide an Attestation de non-cession and to get a Certificate of Change of Residence from the French Consulate, if I understand correctly.
We need to explain to the consulate/customs authorities that, even though we have been physically in France longer than 12 months already, it has not been our résidence normale as defined by Les franchises douanières et fiscales de droit commun à l’importation, which states that La fréquentation d’une université ou d’une école n’implique pas le transfert de la résidence normale.
This said, we understand that the French consulate via the process of requesting a Certificate of Change of Residence should deny us such documents, based on the fact that I am holding a passeport talent visa. I also studied the document issued by French customs called Les franchises douanières et fiscales de droit commun à l’importation.
We have avis d’impots and have paid the taxes d’habitation for each of the three years during which I had passeport talent immigration status. Based on my research, these French fiscal documents would be refused by the French consulate as part of processing my Certificate of Change of Residence.Please let us know if you can provide that type of assistance, or if you need more information.

QUESTION

EMPLOYEE IMMIGRATION STATUS

I am looking for some advice regarding my immigration status. I moved from the USA a couple of years ago with an employee/salarié visa. I am currently holding a carte de séjour salarié I got last year. I have still the same employer who sponsored me in the first place. I now have a CDI, and I am renewing to receive a four-year carte de séjour salarié. I would like advice regarding changing employers once this new carte de séjour salarié has been issued.

I would like to wish you all you a great summer and a very nice vacation, enjoying the freedom of the moment.
I will close my office on July 8th

So close, no matter how far
Couldn’t be much more from the heart
Forever trusting who we are
And nothing else matters
Never opened myself this way
Life is ours, we live it our way
All these words, I don’t just say
And nothing else matters
Trust I seek and I find in you
Every day for us something new
Open mind for a different view
And nothing else matters
Never cared for what they do
Never cared for what they know
But I know
So close, no matter how far
It couldn’t be much more from the heart
Forever trusting who we are
And nothing else matters
Never cared for what they do
Never cared for what they know
But I know
I never opened myself this way
Life is ours, we live it our way
All these words, I don’t just say
And nothing else matters
Trust I seek and I find in you
Every day for us something new
Open mind for a different view
And nothing else matters
Never cared for what they say
Never cared for games they play
Never cared for what they do
Never cared for what they know
And I know, yeah, yeah
So close, no matter how far
Couldn’t be much more from the heart
Forever trusting who we are
No, nothing else matters

“Nothing Else Matters” is a song by the American heavy metal band Metallica. It was released in 1992 as the third single from their self-titled fifth studio album, Metallica.

I am not a fan of this band. This said, the members are good musicians and I understand why it is so popular. I have been thinking about a lot of things that have been happening which will have a profound impact on our life and the next generation.

Was I wrong in early June to think I could write about my projects for this summer, with sunshine and heat waves? How quickly things can change with just a decision here, an election there, a ruling here or even a hearing there. It immediately darkened my writing. As I get older – and I am writing four days before my birthday – I continue to have optimistic energy, against all odds. I have no idea what will be happening in France or in the USA when I reopen my office in late August. I just believe that I will have scheduled appointments for my clients, that the renovation will go well and that my family members and close friends will be well. I learned very early in life that there is no alternative to optimism, to having visions for the future, believing in goals and achieving them. So nothing matters more than building a better world one day at a time, with the skills I have, for my family, my friends and the community.

NEWS FROM THE USA
I was hoping to draft a summertime issue, lightweight, thinking about lazy days and nice weather. I had found a couple of interesting issues peripheral to major media coverage. Then, nearly at the deadline, so much happened. I need time to absorb, understand and comprehend what is happening. Looking at this as a French citizen living in France, even with my very best effort, makes all of this very alien to me. I hope that I will have gained some understanding and clarity regarding these issues.

THE LATEST FRENCH ELECTION IS ANOTHER EARTHQUAKE 
Once the final results of the June parliamentary election were known, we all understood that something major had happened. At the creation of the Fifth Republic and its Constitution, the goal was to always have a solid majority enabling the government to carry out its policy. In General de Gaulle’s mind, the president-elect has a majority in the parliament, and the prime minister and government have the trust and the support of the Assemblée Nationale, the French House of Representatives. This constitution worked well even during the first “cohabitation” from March 1986 to May 1988 between the liberal President François Mitterrand and the conservative Prime Minister Jacques Chirac. There was a second one from March 1993 to May 1995 between President Mitterrand and the conservative Prime Minister Édouard Balladur, and a third one from June 1997 to April 2002 between President Chirac and the liberal Prime Minister Lionel Jospin. Thus at the very least we know how it might work should President Macron choose a prime minister capable of obtaining the trust and support of the Assemblée Nationale. The reason so many are looking at these precedents is that President Macron’s party does not have a majority and all the other parties want to be the opposition. Two things are needed that nobody right now sees as happening: finding someone who can be the right prime minister in this situation and finding a way to pass legislation when the majority of the députés, or representatives, oppose the president’s policies. To make the situation worse, the next biggest coalition is clearly and proudly liberal, and coming in third is the far right.

The vast majority of EU member countries hardly ever have a straight one-party majority and so are used to forming coalitions, some of them can last for years and are stable. But for France this is unknown political territory. The country will be in search of an improbable government unless people start having meaningful political discussions and governmental negotiations.

STATELESS PEOPLE MOVED TO THE USA FROM THE USSR
A reader writes about his grandparents:
“I thoroughly enjoyed your essay below about Ellis Island, the more so because three of my grandparents passed through there (1906, 1911 and 1913) on their way to live in America. When my paternal grandfather became a US citizen in 1923, his two surviving children back in Russia were able to enter the US in 1925 without stopping at Ellis Island since they had received US citizenship by way of their father. They were carrying Nansen passports issued [to stateless people] by the League of Nations. Apropos of the times, one side was in French and the other in Russian.”

A FRENCH HIGH COURT RULES AGAINST THE 100% DIGITAL IMMIGRATION PROCEDURE
Over a year ago, I noted that the prefecture’s rapid move to digital procedures could entail significant benefits for many foreigners as long as cases are clearly defined, the information is readily available and the applicant makes no mistake filling out the form or uploading the documents. At the same, it enormously complicates everything when the situation and therefore the documents do not perfectly align with the software used by the prefecture, with the Démarches Simplifiées or with Étrangers en France websites. Since there is no way to discuss the case with the people handling the request, answers to emails are cryptic (but may give some valuation information) or do not address all the issues. Furthermore, for some regularization procedures it is impossible to get through and secure an appointment. The system seems to be intentionally designed that way.

All this explains why the Conseil d’Etat, the country’s highest administrative court, ruled against the administration, determining that it was illegal to go completely paper free for immigration procedures, especially those of the prefecture.

Here is a translation of a statement published by the immigrant support group GISTI on June 9th, 2022.

“Following litigation brought by our organizations against the dematerialization of procedures applicable to foreigners, the Conseil d’Etat confirms the illegality of online appointments imposed without alternative and rules that the digital procedures for residence permit applications, i.e., ANEF (Administration Numérique pour les Étrangers en France/Digital Administration for Foreigners in France), are illegal as currently coded: the authorities must provide an alternative solution if the digital procedures cannot be used.

“But the council validated a discounted alternative that may not be sufficient in practice in the absence of real means to receive and accompany all applications for residence permits.

“This is a victory for our organizations: a large number of the online-only procedures imposed by prefectures on foreigners for several years are illegal because they are mandatory.”

Here is the link to the actual decision on the Conseil d’Etat website:
www.conseil-etat.fr/actualites/demarches-administratives-en-ligne-le-conseil-d-etat-fixe-un-cadre-general-et-se-prononce-sur-les-demandes-de-titre-de-sejour

A FRIEND IS SELLING HER HOUSE IN NORMANDY
My former colleague at Alliage SARL is selling a single house measuring 70 square meters (754 square feet), on a plot of 4,500 m² (48,438 sq. ft.) with a garage. It is located 4 km (2.5 mi.) from Orbec (Calvados) and 6 km (3.7 mi.) from Broglie (Eure). It is 20 km (12.5 mi.) from Bernay (which has a train station connecting with Paris Saint-Lazare, 150 km/93.2 mi. away) and 25 km (15.5 mi.) from Lisieux. On the ground floor, there is a veranda opening to the garden, a kitchen/dining room with a fireplace, a bathroom, a closet, a small room and a cathedral lounge with a fireplace. Upstairs are two bedrooms and a 15 m² (162 sq. ft.) loft. Pictures and more detail are available upon request.

THE “SURVIVAL HOME IN PARIS” PROJECT FACES AUGUST IN FRANCE!
As I have mentioned in previous issues, I plan to eventually rent out the 30 m2 (almost 329 sq. ft.) studio apartment I am acquiring next to my office. We are still on track to close in mid-July, possibly after Bastille Day, July 14th. As many know, France starts falling asleep then for the summer and only reemerges at the end of August. I chose a local contractor with a small team whose shop closes during August, so the renovation will start on Monday, August 22nd! This brings to mind childhood memories of watching my father close the roughly 100-year-old woodworking shop, run by his family for four generations, by locking down the shutter for the entire month of August.

My goal for the studio was to start renting it out sometime in September. In the end, it would be optimistic if it happens on October 1st. I feel reassured about this project, as I have already received a few premature rental requests. Aside from the renovation itself, I am researching the sleeping arrangement and the light fixtures. Such a large studio is suitable for a single person or a couple. I intend to rent it by the month for between one and six months at a time. My September issue should say when I will start taking reservations.

The more I work on this project, the more I feel it is a natural continuation and extension of the services rendered by A Survival Kit for Paris. “A Survival Home in Paris” also fits well into my eventual retirement plans, by which time the rental business will have been in operation for several years, and I am hopeful that it will running smoothly.

OFFICE CLOSED FOR SUMMER VACATION
For once I can disclose this information. The office will be closed for six weeks over the summer holidays, starting on Friday, July 8th, in the evening and reopening on the morning of Monday, August 22nd. But I expect to remain in Paris, and probably in the office, since I want to have everything planned and ready when the renovation starts. I also need to put in place the team I need to run this project, even though the guest turnover will be slower than that of the standard vacation rental.

As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.

MY FEES WILL INCREASE ON SEPTEMBER 1st, 2022
I continue to slowly move toward working fewer hours in the hope of having a lifestyle more compatible with my age. As I have done in the past, I am once again scheduling an increase in my fees. I expect my assistant to continue to pick up more tasks linked to the URSSAF, CPAM and other public offices procedures. She already handles most dealings with the offices who register self-employed people. 
1st meeting/1st work: 350 euros for 2 hours 
Extra per hour: 150 euros 
Handling mail in my office: 50 euros per month 
Handling mail at my home: 60 euros per month 
Surcharge for out-of-office meetings: 80 euros, assuming less than 30 minutes’ transportation 
Surcharge for meetings and phone calls at the client’s request after 7PM weekdays, all weekend, on national French holidays and during vacations: 30%.

I would like to remind everyone there will be no August issue.
Best regards,

QUESTION

THE MODERN WAY TO SEND REGISTERED LETTERS: BY EMAIL

I have owned an apartment in Paris for over 20 years. I received an email from someone called AR24 telling me that there are documents available for me if I go on their website. I first assumed that it was a phishing attempt but my syndic states that this is now the normal procedure. So I clicked on the link and was asked to register and pay a large sum of money. Does this mean to get correspondence from the syndic I have to pay? This does not make sense. It seems to me like a rip-off.

Who the fool is depends on which side of the issue one is standing. It happens that in France and in the USA in very different ways, there is an ever-growing portion of the population that is looking for new ideas, new solutions, and aspires to radically change the society. At the same time, there is probably about the same number of people who fear those changes and express the desire to at least keep things the way they are and even to go back to some better situations that existed in the past. In the USA, this is illustrated in the presidential race by Bernie Sanders for the first group and Donald Trump for the second. Interestingly enough, in France the first group could be represented by Emmanuel Macron, the finance minister, and the second group, by those in professions who have been violently demonstrating these last months. It is interesting to see that Bernie Sanders and Emmanuel Macron have opposing views on many topics, to start with, their opinions concerning whether big business should be favored or opposed. One evolution everybody agrees on is the fact that the Internet delivers a gargantuan amount of information to absolutely everybody and for the most part absolutely free of charge. I see the consequences in France of this worldwide evolution linked to the Internet. Not all segments of society have yet been able to use it to their advantage. This said, the traditional French society was not equipped to deal with modern-day expections of customer satisfaction. France has considerably improved the quality of its service and this started even before the Internet was created. Today the French population accepts a much wider range of culture and tradition, and pays more and more attention to what people want. Most of the issues I address this month show how a profession, an administration and some people are disconnected from today’s reality in France. More and more often the individual is informed and therefore makes an educated choice, and the professional discovers too late that the client was not captive, and that he has lost his client. Old-fashioned restaurants, cafés, taxis and landlords are feeling the pressure. One illustration of this trend is shown by a recent study – regarding the decline of the traditional cafés in France. The main two reasons were the poor service and the unwillingness to offer soft drinks people wanted, especially the so-called diet ones. It is also interesting to see that even the French administration is being forced to adapt to people’s expectations – very slowly, as expected, but still moving in the right direction.

So who is the fool, the French taxi driver hoping he can keep his job and sell his license for a reasonable price when he retires, or the Uber driver who thinks he has a promising future in France? Rather than answer this question as well as the one of this month’s title, I will let readers decide for themselves.

CHANGE IN MY BUSINESS
I have carried out my work as an employee of the company Alliage for more than fifteen years. I had many reasons to choose this set-up, the most obvious being that employee status, even though quite expensive in terms of taxes, offers substantial peace of mind since France favors the employee status. Now, after significant improvements in the self-employed status in France, I am envisioning doing business through my own set-up. At the same time, Isabelle Russo, Alliage senior manager, has decided to dedicate most of her time to her career in the entertainment industry. A few years ago, she qualified as a show producer and has since built a business.

As the situation evolves I will keep my readers and clients informed.

MORE READER TESTIMONY ON PROBLEMS WITH AMERICAN AIRLINES
I wrote an article in the AAWE news publication on my daughter’s and my experiences with the Open Skies program of AA, British Airways, Iberia, Qatar Airways, etc., in Newark last July. Several other AAWE members had similar experience with this program at that time and I would bet it was the same situation that your reader described. I do believe that attention should be directed to abuses by this consortium, often chosen because of price. Having worked for Pan Am in Africa, I was appalled by their inconsideration for their passengers’ welfare. I would like to describe what happened to us this past summer, which is now common American airline behavior, leaving passengers stranded.

“In July, our travel agent here arranged a three-week trip from France to the U.S. for us. All went well until we checked in at 3:30 p.m. to board our return flight for Paris, scheduled to leave at 6:45 p.m., a flight confirmed by American Airlines four months previously. The British Airways service manager informed us that our flight had been canceled but that he had chartered a plane from another company and that we would be boarding about 8 p.m. The plane and an Iberian crew arrived and we boarded. There was a long wait before we taxied to the take-off runway. Once there, there was another long wait before one of the crew announced that they had “heard” something and that we needed to return to the terminal. At the terminal, the captain announced a fifteen minute wait for a mechanic and, after another wait, we were told to disembark. The British Airways staff avoided our questions about a future departure, instructed us to pick up our luggage and, if necessary, line up for hotel vouchers or for taxis to return home, for those living in the area. For the large number of us returning home to France, they offered the phone number of British Airways and told us to call for onward reservations. Faced with protests, the station manager commented that he had no facilities for making reservations and a staff member added that, if the staff were to do this, they would be at the airport all night! It was up to each passenger to make his own onward reservations.”

FOOD WASTE RECYCLING IS NOW MANDATORY IN FRANCE FOR SOME RESTAURANTS – DOGGY BAGS ARE BECOMING COMMON IN FRANCE
Bringing doggy bags home could be seen as a non-issue but since it happened in France, it indicates a significant change in French culture. For a long time, the main reason French restaurants would not agree to prepare doggy bags for their customers was that leftovers would not taste as good as freshly prepared food so there was a risk of damage to their reputation.

The truth is that the vast majority of French restaurants are not so exquisite that eating their leftovers would be an insult to their cooking.

Another reason brought forward was that in modern cuisine the portions are so small that there is nothing left over, since servings are supposedly just the right quantity to allow one to fully appreciate the meal. It is true that modern cuisine in France is often characterized by a very large plate with a small quantity on it. But it is always possible to make a mistake and order too much. So this is not sufficient to refuse to pack leftovers in a doggy bag.

What I truly find interesting with this issue is that a law had to be passed before restaurants would agree to box up leftovers: the clients did not have enough power to change the professionals’ attitude about this. This says a lot about how professionals resist change and customers are left with hardly any power to bring about change themselves.

Even more interesting is the motivation for this law. It has nothing to do with customers’ rights. The French parliament is determined to reduce waste, especially food waste, for environmental and fairness reasons. The new legislation approaches the issue by obliging businesses to decrease the amount of waste they generate, ideally to zero. An initial law in 2012 has forced businesses producing more than ten metric tons of waste per year to diminish this volume.

On January 1st 2016, another step in this effort went into effect, requiring restaurants with capacities of around 150 to 200 people to find ways to diminish their waste. As one aspect of this campaign, it is suggested (although not obligatory) that large restaurants give out doggy bags (or, as the government has suggested calling them, “gourmet bags”). On the other hand, the reduction of waste is mandatory, and the doggy bag is the simplest way to do so.

During the COP21 climate conference held in Paris in December, the city of Paris launched its own campaign by making free deliveries of special boxes, meant to keep leftovers safely, to 100 Parisian restaurants. This and other incentives could bring about the charge faster.

Culturally speaking this is a revolution in France and it will be interesting to see how fast French society can change on this issue. Perhaps one day all French restaurants will offer doggy bags, not because of waste reduction laws but because French people expect it. We shall see, but it is worth paying attention to this development.

UPDATE REGARDING NOVEMBER 2015 Q/A: FRENCH LAW DOES NOT EASILY ACCEPT NAME CHANGES
The November issue presented the situation of an American woman whose first name on her passport did not match that on her birth certificate so the city hall in her French town refused to marry her using her passport name and would only issue a marriage license under her birth name.

Now we have some good news: when the prefecture got the French marriage license, which had a different name from the passport and the woman’s oldcarte de séjour, it chose to ignore the discrepancy and issued her a newcarte de séjour, based on her marriage to a Frenchman, using the name on her passport and previouscarte de séjour.

One might have worried that the discrepancy would create some problems. The French administration is very picky regarding this matter. French law pretty much forbids use of a name, whether first or last name, that differs from the birth certificate or marriage license name, unless it has been approved.

The prefecture’s decision illustrates quite well what I called “French law and its blind eye” in the July-August 2009 issue, trying to explain the French understanding of what is legal, illegal, and “tolerated.” 
A reader asked a question to which the answer was much more complicated than it might have seemed. The usual understanding in many countries is that what is not clearly defined as illegal is considered to be legal. This is as black and white as it gets, but it does not apply in France.

Here the prefecture chooses to ignore the law in favor of the individual, preferring common sense and avoiding making waves over the normal application of the law. This type of bending is critical for France, which has way too many laws and would be even more crippled by them if what I have called this “grey” system did not exist. Sometimes there are provisions that institutionalize personal evaluation of a situation, such as theopportunité des poursuites and therequalification des faits. The first, in criminal law, allows the state not to prosecute a proven criminal deed. The other is an attempt to fight a loophole in the law.

STATISTICS ON THE NUMBER OF FOREIGNERS LIVING IN FRANCE AND ON FRENCH NATURALIZATION
In December 2015 I addressed the issue of making it easier to obtain French nationality. Since then I have come across some data on which it is interesting to comment.

In January 2016, the Direction Générale des étrangers en France published data regarding foreigners living in France. Last year, 2,734,413 held an immigration ID granting a legal stay in France, i.e., atitre de séjour.This included EU citizens. Overall, the estimated number of all foreigners in France was 4 million. And 212,365 foreigners immigrated legally in France in 2015, a 0.7% increase from 2014. Also, 86,608 foreigners became French.

A little bit of background is needed to understand what happened. During the Sarkozy presidency, from May 2007 to May 2012, the policy was to restrict naturalization. In 2009 and 2010, 90,000 naturalizations occurred (the procedure takes about two years). But in 2013, the worst year, there were fewer than 70,000. Since then things have improved, almost reaching the level prior to the restrictive policy.

In 2015, 28,529 undocumented aliens in France obtained residency permits, down from 32,244 in 2014. And 26,700 people obtained political refugee status, up 22%. Most were Syrian or Sudanese, with 5,000 requests each. The approval rate increased by 33.3 % from 2014. However, the rate of success, including requests on appeal, was less than 32% in 2015, at 26,700 approvals for 79,130 requests. This is still very low, so refugees should decide early what they will do in the case of a definitive refusal.

For more information (in French), see www.lemonde.fr/societe/article/2016/01/15/regularisations-demandes-d-asile-visas-les-chiffres-de-l-immigration-en-2015_4848157_3224.html

SHORT-TERM RENTAL AND THE PARIS CITY HALL RAIDS
On January 12th the Paris city hall launched another major raid in the 1st and 6th arrondissements to find short-term rental apartments.

Last May, 80 buildings were checked in three days in the Marais. On average, the city checks 400 to 500 apartments a year. In 2014, 20 owners were sentenced in court and the total fines for the year came to 560,000 €. The average fine is 10,000 € and the maximum is 25,000 €.

City hall claims the fines are way too low compared to the rent, which it says averages 1,000 € a week. It is asking the government to quadruple the fines so as to fight this problem more efficiently. Furthermore, the city plans to increase its team of inspectors from 20 to 25 people in the near future.

Currently the law allows an owner to rent out a primary residence no more than four months per year and the city clearly is not going after such people. Instead it is targeting people who rent out apartments all year round and in effect run a business this way. Paris has become the top destination for clients of Airbnb, which has about 50,000 apartments in the city advertised on its website. At the current rate of inspection it would take 100 years to check them all, so clearly the odds are still in favor of the short-term rental industry.

But if the maximum fine eventually reaches 100,000 € per sentencing, is it worth it to take the risk? Many owners would not have this kind of money.

For more information (in French), see www.lemonde.fr/immobilier/article/2016/01/12/a-paris-une-nouvelle-operation-coup-de-poing-contre-les-meubles-touristiques_4846091_1306281.html

CONSEQUENCES OF A TAX AUDIT FOR AUTO-ENTREPRENEURS AND, MORE IMPORTANT, TO THEIR SO-CALLED CLIENTS
Despite years of articles in the French media detailing the horrid consequences ofauto-entrepreneur status, it continues to be seen by the public as a wonderful solution. The tax authorities, URSSAF and labor inspectors are all working toward the same goal: determining whether eachauto-entrepreneur is really an independent worker. This means checking that each one has established a legitimate business with several clients and a real range of services, and a related fee policy.

Under the French legal concept called thelien de subordination, employees are defined as subordinates. If anauto-entrepreneur is not free to offer his/her services on his/her own terms, the inspectors have the right to requalify the person as an employee. The main consequence is a significant financial burden for the employer in terms of social charges. The newly defined employee is reimbursed for the social charges paid and the employer is charged the related taxes, since the amount paid is now considered net salary. As the sums were not paid on time, the inspectors add the usual late fees and interest. This can be lethal for the business and the employee is almost certain to be out of a job right away.

As I have explained several times, catching the companies that abuse the system is quite difficult. On the other hand, systematically checking theauto-entrepreneurs themselves is very easy and fast. One looks at their invoices: if the same name appears several times and constitutes the majority or sole source of income, the inspector knows that corporation can be nailed for fraud. There is no more need to search for a needle in a haystack.

• These are the points the inspector checks to evaluate the situation:
• How many clients: just one or several?
• Is theauto-entrepreneur a former employee of the company?
• Is the work organized by theauto-entrepreneur or by the so-called client?
• Is theauto-entrepreneur in a position to take initiatives and change the way the work is done?
• Does theauto-entrepreneur use his own material and equipment or that of the client?
• Does theauto-entrepreneur choose the schedule and location of his work?
• Does theauto-entrepreneur must report frequently to the client?

All this enables the inspector to determine how much the freedom theauto-entrepreneur has to perform the work. If there is not enough freedom, subordination is proved and the consequence isrequalification with its dreadful financial consequences for the employer. If the fraud is considered blatant, it becomes a felony, travail dissimulé (Article L. 8221-5 of the Code du Travail). The employer then faces three years in jail and a maximum fine of 45,000 €, above and beyond the tax bill explained above.

Now a new scam has appeared, just as horrid but harder to catch. Almost all employers, when hiring a new employee, require a trial period ranging from one to six months, during which the employer can dismiss the employee without giving any reason, although the employee is covered by French law in all other respects. But a growing number of employers, once the right candidate is chosen, require the relationship to start withauto-entrepreneur status instead of the regular trial period. The registration is quick and easy, and the person wants the job, so they register for the status. The employer can then ask for insane working hours without having to pay overtime and can keep theauto-entrepreneur on his/her toes the entire time. At the end of the contract, there may be no more need for theauto-entrepreneur who is dismissed after having been used and abused.

For more information (in French), see www.lemonde.fr/emploi/article/2016/01/20/travailler-avec-des-auto-entrepreneurs-attention-au-salariat-deguise_4850689_1698637.html

THE MOST COMMON SCAMS FRENCH LANDLORDS PULL ON TENANTS
Here are the most common scams of French landlords, according to data published in Le Monde. The link to the article is at the end of this section.

Some 2,500 emails received by the Confédération Générale du Logement in 2014 have been classified by topic.

• 1 – The most common complaint is the poor condition of the lodging, with factors such as severe dampness, water leaks, defective electrical systems and unsanitary living conditions. This represents 13% of the complaints and the share is growing, which shows that landlords are unwilling to do the minimum repairs needed.
• 2 – The second commonest complaint is failure to reimburse the security deposit, which accounted for 12% of the emails. In 95% of the cases, the landlord claimed repairs were needed as justification for keeping the security deposit.
• 3 -In third place is a sudden increase in condo charges that the tenant must pay. It is almost always accompanied by a demand to pay the past balance, which can go back several years. This represented 8.5% of the complaints. The bad news is that the money is owed since the tenant uses the services of the condominium.

For more information (in French), see www.lemonde.fr/argent/article/2016/01/07/locataires-contre-proprietaires-les-litiges-les-plus-courants_4843172_1657007.html

Best regards,

QUESTION

WHAT TO DO WHEN THE PREFECTURE ISSUES A WRONG DECISION

I live in Paris and am interested in buying self-defense articles like a lipstick stun gun and/or pepper spray (mobile phone, key chain or other form). I would like to know whether these are legal (at least for women) in France and where I could buy such items. Could I order online or do I need to find a store and buy with my ID? Some friends advised me to get them from the police. Also, are there professional training courses for self-defense in Paris for foreigners? 
If you could refer me to particular locations it would be greatly appreciated.