France-San Marino

INTRODUCTION

San Marino, a landlocked microstate surrounded by Italy, is not a member state of the European Union, the European Free Trade Association, or the European Economic Area. Consequently, it relies on bilateral agreements to facilitate the free movement of its nationals. Under the French-Sanmarinese Convention on Establishment, signed on 14 January 1954, nationals of France and San Marino can freely enter and settle in the other state, “subject to the legislation considering mandatory overriding provisions (lois de police), public safety, and national defence, that are applicable to all aliens” (Art. 1). The Convention stipulates that, subject to reciprocity, nationals of both states shall have the right to engage in any trade, industry, occupation, or profession that is not reserved for nationals within the territory of the other state, on the same conditions as nationals of the most favoured nation (Art. 3). This provision could arguably be construed as entitling nationals of San Marino to equal treatment in this regard with either EU/EEA nationals or nationals of countries benefitting from bilateral free movement agreements (i.e. Andorra and Monaco).

Although the position of Sanmarinese nationals in France is not explicitly addressed in French immigration law, the French-Sanmarinese Convention on Establishment is included in the list of international agreements that define the conditions for entry and residence within French territory for nationals of other states (See Annex I Code de l’entrée et du séjour des étrangers et du droit d’asile).

In practice, citizens of San Marino residing in France do not need to acquire a residence permit (source) or a work authorisation (Par. 1.2.1.2 Circulaire N°DPM/DMI2/2007/323 du 22 août 2007 relative aux autorisations de travail). San Marino, however, applies the agreement in a more restrictive manner. While French citizens may enter San Marino visa-free for up to 90 days, those wishing to reside in San Marino must apply for a residence permit. Therefore, this illustrates an example of a bilateral free movement regime with unequal application, as the nationals of one party obtain rights in the territory of the other participating state that are not reciprocal.

San Marino maintains another bilateral arrangement with Italy and has made unsuccessful attempts to negotiate similar agreements with several European states, including Belgium, Germany, Luxembourg, Spain, and the United Kingdom (see here in Italian).

On December 12, 2023, the European Union concluded an Association Agreement with the microstates of Andorra and San Marino, thereby involving the countries participating in the regime discussed here. The Agreement aims to strengthen political and economic cooperation between the EU and the two countries. It also provides for the free movement of workers and non-economically active individuals between EU Member States and Andorra and San Marino (see Art. 14 Association Agreement and Annex V Associated State Protocol). However, recognising their limited size and capacity, both microstates retain the right to impose restrictions and quotas on movement. In April 2024, the European Commission adopted proposals for Council decisions regarding the conclusion of the Association Agreement between the EU and Andorra and San Marino. The agreement is still pending ratification.

STATE PARTIES

• FRANCE
• SAN MARINO

TIMELINE

KEY LEGAL DOCUMENTS

Convention on Establishment of 14 January 1954 (in force 15 April 1956) (in French).

ADDITIONAL LEGAL DOCUMENTS

CIRCULAIRE N°DPM/DMI2/2007/323 du 22 août 2007 relative aux autorisations de travail, France.