The Constitutional Council (french: Conseil constitutionnel; ) is the highest constitutional authority in
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
. It was established by the
Constitution of the Fifth Republic
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Consti ...
on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the
Palais-Royal,
Paris
Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...
. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
and before they are signed into law by the
President of the Republic (''a priori'' review).
Since 1 March 2010, individual citizens who are party to a trial or a lawsuit have been able to ask for the Council to review whether the law applied in the case is constitutional ( review). In 1971, the Council ruled that conformity with the Constitution also entails conformity with two other texts referred to in the preamble of the Constitution, the
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
and the preamble of the constitution of the
Fourth Republic, both of which list
constitutional rights
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may ...
.
Members are often referred to as ''les sages'' ("the sages") in the media and the general public, as well as in the Council's own documents. Legal theorist Arthur Dyevre notes that this "tends to make those who dare criticise them look unwise."
Powers and tasks
Overview
The Council has two main areas of power:
# The first is the supervision of elections, both
presidential and
parliamentary
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
, and ensuring the legitimacy of
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s (Articles 58, 59 and 60). They issue the official results, ensure proper conduct and fairness, and see that campaign spending limits are adhered to. The Council is the supreme authority in these matters. The Council can declare an election to be invalid if improperly conducted, the winning candidate used illegal methods, or the winning candidate spent more than the legal limits for the campaign.
# The second area of Council power is the interpretation of the fundamental meanings of the constitution, procedure, legislation, and treaties. The Council can declare dispositions of laws to be contrary to the ''
Constitution of France'' or to the principles of constitutional value that it has deduced from the Constitution or from the ''
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
''. It also may declare laws to be in contravention of
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
that France has signed, such as the ''
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
.'' Their declaring that a law is contrary to constitutional or treaty principles renders it invalid. The Council also may impose reservations as to the interpretation of certain provisions in statutes. The decisions of the Council are binding on all authorities.
Examination of laws by the Council is compulsory for some acts, such as for
organic bills, those which fundamentally affect government, and treaties, which need to be assessed by the Council before they are considered ratified (Article 61-1 and 54). Amendments concerning the rules governing parliamentary procedures need to be considered by the Council as well. Guidance may be sought from the Council in regard to whether reform should come under statute law (voted by Parliament) or whether issues are considered as (regulation) to be adopted with
decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
. The re-definition of legislative dispositions as regulatory matters initially constituted a significant share of the (then light) caseload of the Council.
In the case of other statutes, seeking the oversight of the Council is not compulsory. However, the President of the Republic, the President of the
Senate, the President of the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
, the
Prime Minister of France, 60 members of the National Assembly, or 60 Senators can submit a statute for examination by the Council before its signing into law by the President. In general, it is the parliamentary
opposition
Opposition may refer to:
Arts and media
* ''Opposition'' (Altars EP), 2011 EP by Christian metalcore band Altars
* The Opposition (band), a London post-punk band
* '' The Opposition with Jordan Klepper'', a late-night television series on Com ...
that brings laws that it deems to infringe civil rights before the Council.
Tony Prosser
James Anthony William Prosser (born 3 May 1954), usually known as Tony Prosser, is professor of public law at the University of Bristol, having previously been John Millar Professor of Law, at the University of Glasgow. His research focuses on l ...
, ''Constitutions and Political Economy: The Privatisation of Public Enterprises in France and Great Britain'', The Modern Law Review, Vol. 53, No. 3 (May 1990)
pp. 304–320
see p. 307 "The number of references has steadily grown; it is no
exaggeration to claim that any important controversial legislation is now likely to be referred."
Another task, of lesser importance in terms of number of referrals, is the reclassification of statute law into the domain of regulations on the Prime Minister's request. This happens when the Prime Minister and his government wish to alter law that has been enacted as statute law, but should instead belong to regulations according to the Constitution. The Prime Minister has to obtain reclassification from the Council prior to taking any
decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
changing the regulations. This, however, is nowadays only a small fraction of the Council's activity: in 2008, out 140 of decisions, only 5 concerned reclassifications.
Enactment of legislation
:''This article refers extensively to individual articles in the Constitution of France. The reader should refer to th
official translationof the Constitution on the site of the
French National Assembly. Another recommended reading is th
Constitutional Council overviewon the Council web site.''
![Declaration of Human Rights](https://upload.wikimedia.org/wikipedia/commons/6/6c/Declaration_of_the_Rights_of_Man_and_of_the_Citizen_in_1789.jpg)
The
Government of France consists of an
executive branch (
President of the Republic,
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
, ministers and their services and affiliated organisations); a
legislative branch
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
(both houses of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
); and a
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.
The
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
does not constitute a single hierarchy:
* Administrative courts fall under the
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
,
* Civil and criminal courts under the
Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
,
* Some entities also have advisory functions.
For historical reasons, there has long been political hostility in the nation to the concept of a "Supreme Court"—that is, a powerful court able to quash legislation, because of the experience of citizens in the pre-Revolutionary era.
[James Beardsley, "Constitutional Review in France", ''The Supreme Court Review'', Vol. 1975, (1975)]
pp. 189–259
/ref>[Michael H. Davis, ''The Law/Politics Distinction, the French Conseil Constitutionnel, and the ]U. S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
'', The American Journal of Comparative Law, Vol. 34, No. 1 (Winter, 1986)
pp. 45–92
/ref>[Denis Tallon, John N. Hazard, George A. Bermann, ''The Constitution and the Courts in France'', The American Journal of Comparative Law, Vol. 27, No. 4 (Autumn, 1979)]
pp. 567–587
/ref>
Whether the Constitutional Council is a court is a subject of academic discussion, but some scholars consider it effectively the supreme court of France.
The Constitution of the French Fifth Republic
The Fifth Republic (french: Cinquième République) is France's current republican system of government. It was established on 4 October 1958 by Charles de Gaulle under the Constitution of the Fifth Republic.. The Fifth Republic emerged from ...
distinguishes two kinds of legislation: statute law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state leg ...
, which is normally voted upon by Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
(except for ''ordonnance
In French politics, an ''ordonnance'' (, "order") is a statutory instrument issued by the Council of Ministers in an area of law normally reserved for primary legislation enacted by the French Parliament. They function as temporary statutes pend ...
s''), and government regulations, which are enacted by the Prime Minister and his government as decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used ...
s and other regulations (''arrêtés''). Article 34 of the Constitution exhaustively lists the areas reserved for statute law: these include, for instance, criminal law.
Any regulation issued by the executive in the areas constitutionally reserved for statute law is unconstitutional unless it has been authorized by a statute as secondary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democra ...
. Any citizen with an interest in the case can obtain the cancellation of these regulations by the Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
, on grounds that the executive has exceeded its authority. Furthermore, the Council of State can quash regulations on grounds that they violate existing statute law, constitutional rights, or the "general principles of law".
In addition, new acts can be referred to the Constitutional Council by a petition just prior to being signed into law by the President of the Republic. The most common circumstance for this is that 60 opposition members of the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
, or 60 opposition members of the Senate request such a review.
If the Prime Minister thinks that some clauses of existing statute law instead belong to the domain of regulations, he can ask the Council to reclassify these clauses as regulations.
Traditionally, France refused to accept the idea that courts could quash legislation enacted by Parliament (though administrative courts could quash regulations produced by the executive). This reluctance was based in the French revolutionary era: pre-revolutionary courts had often used their power to refuse to register laws and thus prevent their application for political purposes, and had blocked reforms. French courts were prohibited from making rulings of a general nature. Also, politicians believed that, if courts could quash legislation after it had been enacted and taken into account by citizens, there would be too much legal uncertainty: how could a citizen plan his or her actions according to what is legal or not if laws could ''a posteriori'' be found not to hold? Yet, in the late 20th century, courts, especially administrative courts, began applying international treaties, including law of the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
, as superior to national law.
A 2009 reform, effective on 1 March 2010, enables parties to a lawsuit or trial to question the constitutionality of the law that is being applied to them. The procedure, known as , is broadly as follows: the question is raised before the trial judge and, if it has merit, is forwarded to the appropriate supreme court (Council of State if the referral comes from an administrative court, Court of Cassation for other courts). The supreme court collects such referrals and submits them to the Constitutional Council. If the Constitutional Council rules a law to be unconstitutional, this law is struck down from the law books. The decision applies to everyone and not only to the cases at hand.
History and evolution
While since the 19th century the judicial review that the Constitutional Council brings to bear on the acts of the executive branch has played an increasingly large role, the politicians who have framed the successive French institutions have long been reluctant to have the judiciary review legislation. The argument was that un-elected judges should not be able to overrule directly the decisions of the democratically elected legislature. This may also have reflected the poor impression resulting from the political action of the parlements – courts of justice under the ancien régime
''Ancien'' may refer to
* the French word for "ancient, old"
** Société des anciens textes français
* the French for "former, senior"
** Virelai ancien
** Ancien Régime
** Ancien Régime in France
''Ancien'' may refer to
* the French word for ...
monarchy: these courts often had chosen to block legislation in order to further the privileges of a small caste in the nation. The idea was that legislation was a political tool, and that the responsibility of legislation should be borne by the legislative body.
Originally, the Council was meant to have rather technical responsibilities: ensuring that national elections were fair, arbitrating the division between statute law (from the legislative) and regulation (from the executive), etc. The Council role of safekeeping fundamental rights was probably not originally intended by the drafters of the Constitution of the French Fifth Republic
The Fifth Republic (french: Cinquième République) is France's current republican system of government. It was established on 4 October 1958 by Charles de Gaulle under the Constitution of the Fifth Republic.. The Fifth Republic emerged from ...
: they believed that Parliament should be able to ensure that it did not infringe on such rights. However, the Council's activity has considerably extended since the 1970s, when questions of justice for larger groups of people became pressing.
From 1958 to 1970, under Charles de Gaulle's presidency, the Constitutional Council was sometimes described as a "cannon aimed at Parliament", protecting the executive branch against encroachment by statute law voted by Parliament. All but one referral to the Constitutional Council came from the Prime Minister, against acts of Parliament, and the Council agreed to partial annulments in all cases. The only remaining referral came from the President of the Senate, Gaston Monnerville
Gaston Monnerville (2 January 1897 – 7 November 1991) was a French Radical politician and lawyer who served as the first President of the Senate under the Fifth Republic from 1958 to 1968. He previously served as President of the Council of ...
, against the 1962 referendum on direct election of the President of the Republic, which Charles de Gaulle supported. The Council ruled that it was "incompetent" to cancel the direct expression of the will of the French people.
In 1971, however, the Council ruled unconstitutional
Decision 71-44DC
some provisions of a law changing the rules for the incorporation of private nonprofit associations, because they infringed on freedom of association, one of the principles of the 1789 ''Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
''; they used the fact that the preamble of the French constitution briefly referred to those principles to justify their decision. For the first time, a statute was declared unconstitutional not because it infringed on technical legal principles, but because it was deemed to infringe on personal freedoms of citizens.
In 1974, authority to request a constitutional review was extended to 60 members of the National Assembly or 60 senators. Soon, the political opposition seized that opportunity to request the review of all controversial acts.
The Council increasingly has discouraged " riders" (''cavaliers'') – amendments or clauses introduced into bills that have no relationship to the original topic of the bill; for instance, "budgetary riders" in the Budget bill, or "social riders" in the Social security budget bill. ''See legislative riders in France''. In January 2005, Pierre Mazeaud
Pierre Mazeaud (; born 24 August 1929) is a French jurist, politician and alpinist.
In February 2004, he was appointed president of the Constitutional Council of France by President of France Jacques Chirac, replacing Yves Guéna, until he wa ...
, then President of the Constitutional Council, announced that the Council would take a stricter view of language of a non-prescriptive character introduced in laws, sometimes known as "legislative neutrons".[Proceedings of the National Assembly]
21 June 1982, third sitting
Jean Foyer: "Cette semaine, le ministre d'État, ministre de la recherche et de la technologie, nous présente un projet dont je dirai, ne parlant pas latin pour une fois, mais empruntant ma terminologie à la langue des physiciens, qu'il est pour l'essentiel un assemblage de neutrons législatifs, je veux dire de textes dont la charge juridique est nulle." – "This week, the minister of State, minister for research and technology Jean-Pierre_Chevènement">/nowiki> Jean-Pierre_Chevènement">/nowiki>Jean-Pierre_Chevènement">Jean-Pierre_Chevènement.html"_;"title="/nowiki>Jean-Pierre_Chevènement">/nowiki>Jean-Pierre_Chevènement/nowiki>_presents_us_a_bill_of_which_I'll_say,_without_talking_in_latin_for_once,_but_instead_borrowing_my_words_from_the_physicists,_that_it_is_mostly_an_assembly_of_legislative_neutrons,_I_mean_of_texts_with_a_null_juridical_charge."_Instead_of_prescribing_or_prohibiting,_as_advocated_by_Jean-Étienne-Marie_Portalis.html" ;"title="Jean-Pierre_Chevènement.html" ;"title="Jean-Pierre_Chevènement.html" ;"title="/nowiki>Jean-Pierre Chevènement">/nowiki>Jean-Pierre Chevènement">Jean-Pierre_Chevènement.html" ;"title="/nowiki>Jean-Pierre Chevènement">/nowiki>Jean-Pierre Chevènement/nowiki> presents us a bill of which I'll say, without talking in latin for once, but instead borrowing my words from the physicists, that it is mostly an assembly of legislative neutrons, I mean of texts with a null juridical charge." Instead of prescribing or prohibiting, as advocated by Jean-Étienne-Marie Portalis">Portalis, such language makes statements about the state of the world, or wishes about what it should be.
Previously, such language was considered devoid of juridical effects and thus harmless; but Mazeaud contended that introducing vague language devoid of juridical consequences dilutes law unnecessarily. He denounced the use of law as an instrument of political communication, expressing vague wishes rather than effective legislation. Mazeaud also said that, because of the constitutional objective that law should be accessible and understandable, law should be precise and clear, and devoid of details or equivocal formulas. The practice of the Parliament putting into laws remarks or wishes with no clear legal consequences has been a long-standing concern of French jurists.
, one law out of two, including the budget, was sent to the Council at the request of the opposition. In January 2005, Pierre Mazeaud, then president of the Council, publicly deplored the inflation of the number of constitutional review requests motivated by political concerns, without much legal argumentation to back them on constitutional grounds.
The French constitutional law of 23 July 2008
The Constitutional law on the Modernisation of the Institutions of the Fifth Republic (french: link=no, loi constitutionnelle de modernisation des institutions de la Ve République) was enacted into French constitutional law by the Parliament of F ...
amended article 61 of the Constitution. It now allows for courts to submit questions of unconstitutionality of laws to the Constitutional Council. The Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
(supreme court over civil and criminal courts) and the Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
(supreme court over administrative courts) each filter the requests coming from the courts under them.
'' Lois organiques,'' and other decisions organizing how this system functions, were subsequently adopted. The revised system was activated on 1 March 2010.[Constitutional council, ]
Comment saisir le Conseil constitutionnel ?
' "(How to file a request before the Constitutional Council?)"
On 29 December 2012, the council said it was overturning an upper income tax rate of 75% due to be introduced in 2013.
Controversies
In 1995, Roland Dumas
Roland Dumas (; born 23 August 1922) is a French lawyer and Socialist politician who served as Foreign Minister under President François Mitterrand from 1984 to 1986 and from 1988 to 1993. He was also President of the Constitutional Counci ...
was appointed president of the Council by François Mitterrand. Dumas twice attracted major controversy. First, he was reported as party to scandals regarding the Elf Aquitaine
Elf Aquitaine is a French brand of oils and other motor products (such as brake fluids) for automobiles and trucks. Elf is a former petroleum company which merged with TotalFina to form "TotalFinaElf". The new company changed its name to Total ...
oil company, with many details regarding his mistress
Mistress is the feminine form of the English word "master" (''master'' + ''-ess'') and may refer to:
Romance and relationships
* Mistress (lover), a term for a woman who is in a sexual and romantic relationship with a man who is married to a ...
, Christine Deviers-Joncour, and his expensive tastes in clothing being published in the press.
In this period, the Council issued some highly controversial opinions in a decision related to the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
, i
Decision 98–408 DC
declaring that the sitting President of the Republic could be tried criminally only by the High Court of Justice, a special court organized by Parliament and originally meant for cases of high treason. This, in essence, ensured that Jacques Chirac
Jacques René Chirac (, , ; 29 November 193226 September 2019) was a French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Ma ...
would not face criminal charges until he left office. This controversial decision is now moot
Moot may refer to:
* Mootness, in American law: a point where further proceedings have lost practical significance; whereas in British law: the issue remains debatable
* Moot court, an activity in many law schools where participants take part in s ...
, since the Parliament redefined the rules of responsibility of the President of the Republic by the French constitutional law of 23 July 2008
The Constitutional law on the Modernisation of the Institutions of the Fifth Republic (french: link=no, loi constitutionnelle de modernisation des institutions de la Ve République) was enacted into French constitutional law by the Parliament of F ...
. In 1999, because of the Elf scandal, Dumas took official leave from the Council and Yves Guéna
Yves Guéna (; 6 July 1922 – 3 March 2016) was a French politician. In 1940, he joined the Free French Forces in the United Kingdom. He received several decorations for his courage.
Political life
He belonged to various right wing parties ...
assumed the interim presidency.
In 2005, the Council again attracted some controversy when Valéry Giscard d'Estaing
Valéry René Marie Georges Giscard d'Estaing (, , ; 2 February 19262 December 2020), also known as Giscard or VGE, was a French politician who served as President of France from 1974 to 1981.
After serving as Minister of Finance under prime ...
and Simone Veil
Simone Veil (; ; 13 July 1927 – 30 June 2017) was a French magistrate and politician who served as Health Minister in several governments and was President of the European Parliament from 1979 to 1982, the first woman to hold that office. ...
campaigned for the proposed European Constitution
The Treaty establishing a Constitution for Europe (TCE; commonly referred to as the European Constitution or as the Constitutional Treaty) was an unratified international treaty intended to create a consolidated constitution for the European U ...
, which was submitted to the French voters in a referendum. Simone Veil had participated in the campaign after obtaining a leave of absence
The labour law concept of leave, specifically paid leave or, in some countries' long-form, a leave of absence, is an authorised prolonged absence from work, for any reason authorised by the workplace. When people "take leave" in this way, they are ...
from the Council. This action was criticized by some, including Jean-Louis Debré
Jean-Louis Debré (; born 30 September 1944) is a former French judge and politician who served as President of the National Assembly from 2002 to 2007 and President of the Constitutional Council from 2007 to 2016.[National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...]
, who thought that prohibitions against appointed members of the council conducting partisan politics should not be evaded by their taking leave for the duration of a campaign. Veil defended herself by pointing to precedent; she said, "How is that his ebré'sbusiness? He has no lesson to teach me."
Membership
The Council is made up of former Presidents of the Republic who have chosen to sit in the Council (which they may not do if they become directly involved in politics again) and nine other members who serve non-renewable terms of nine years, one third of whom are appointed every three years, three each by the President of the Republic, the President of the National Assembly and the President of the Senate.[Ordonnance n°58-1067 du 7 novembre 1958](_blank)
portant loi organique sur le Conseil constitutionnel ("Ordinance
Ordinance may refer to:
Law
* Ordinance (Belgium), a law adopted by the Brussels Parliament or the Common Community Commission
* Ordinance (India), a temporary law promulgated by the President of India on recommendation of the Union Cabinet
* ...
58-1067 of 7 November 1958, organic bill on the Constitutional council"). About swearing-in: article 3 says ''Avant d'entrer en fonction, les membres nommés du Conseil constitutionnel prêtent serment devant le Président de la République.'' ("Before assuming their duties, the appointed members of the Constitutional council are sworn in before the President of the Republic.") The President of the Constitutional Council is selected by the President of the Republic for a term of nine years. If the position becomes vacant, the oldest member becomes interim president.
Following the 2008 constitutional revision, appointments to the Council are subject to a parliamentary approval process (Constitution of France, articles 13 and 56). , these provisions are not operational yet since the relevant procedures have not yet been set in law.
A quorum of seven members is imposed unless exceptional circumstances are noted. Votes are by majority of the members present at the meeting; the president of the Council has a casting vote
A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock ...
in case of an equal split. For decisions about the incapacity of the President of the Republic, a majority of the members of the council is needed.
Current members
, the current members are:
* Laurent Fabius
Laurent Fabius (; born 20 August 1946) is a French politician serving as President of the Constitutional Council since 8 March 2016. A member of the Socialist Party, he previously served as Prime Minister of France from 17 July 1984 to 20 Mar ...
, appointed President of the Council by President of the Republic François Hollande in March 2016
* Corinne Luquiens, appointed by the President of the National Assembly Claude Bartolone
Claude Bartolone (; born 1951) is a Tunisian-born French politician who was President of the National Assembly of France from 2012 to 2017. A member of the Socialist Party, he was first elected to the National Assembly, representing the Seine- ...
in March 2016
* Michel Pinault, appointed by the President of the Senate Gérard Larcher
Gérard Philippe René André Larcher (born 14 September 1949) is a French politician serving as President of the Senate since 2014, previously holding the office from 2008 to 2011. A member of The Republicans, he has been a Senator for the Yveli ...
in February 2016
* Alain Juppé
Alain Marie Juppé (; born 15 August 1945) is a French politician. A member of The Republicans (France), The Republicans, he was Prime Minister of France from 1995 to 1997 under President Jacques Chirac, during which period he faced 1995 strikes ...
, appointed by the President of the National Assembly Richard Ferrand
Richard Ferrand (; born 1 July 1962) is a French politician of La République En Marche! (LREM) who served as President of the National Assembly from 2018 to 2022. He had served as a member of the National Assembly for Finistère's 6th const ...
in March 2019
* Jacques Mézard, appointed by the President of the Republic Emmanuel Macron in March 2019
* François Pillet, appointed by the President of the Senate Gérard Larcher
Gérard Philippe René André Larcher (born 14 September 1949) is a French politician serving as President of the Senate since 2014, previously holding the office from 2008 to 2011. A member of The Republicans, he has been a Senator for the Yveli ...
in March 2019
* Jacqueline Gourault, appointed by the President of the Republic Emmanuel Macron in March 2022
* Véronique Malbec, appointed by the President of the National Assembly Richard Ferrand
Richard Ferrand (; born 1 July 1962) is a French politician of La République En Marche! (LREM) who served as President of the National Assembly from 2018 to 2022. He had served as a member of the National Assembly for Finistère's 6th const ...
in March 2022
* François Seners, appointed by the President of the Senate Gérard Larcher
Gérard Philippe René André Larcher (born 14 September 1949) is a French politician serving as President of the Senate since 2014, previously holding the office from 2008 to 2011. A member of The Republicans, he has been a Senator for the Yveli ...
in March 2022
, the following members do not sit but can if they choose to:
* Nicolas Sarkozy
Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012.
Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Se ...
, former President of the Republic since May 2012, sat from May 2012 to July 2013
* François Hollande, former President of the Republic since May 2017, pledged never to sit
The members of the Constitutional Council are sworn in by the President of the Republic. Former officeholders have the option to sit if they choose to do so. The members of the Constitutional Council should abstain from partisanship
A partisan is a committed member of a political party or army. In multi-party systems, the term is used for persons who strongly support their party's policies and are reluctant to compromise with political opponents. A political partisan is no ...
. They should refrain from making declarations that could lead them to be suspected of partisanship. The possibility for former presidents to sit in the Council is a topic of moderate controversy; some see it as incompatible with the absence of partisanship. René Coty
Jules Gustave René Coty (; 20 March 188222 November 1962) was President of France from 1954 to 1959. He was the second and last president of the Fourth French Republic.
Early life and politics
René Coty was born in Le Havre and studied at th ...
, Vincent Auriol
Vincent Jules Auriol (; 27 August 1884 – 1 January 1966) was a French politician who served as President of France from 1947 to 1954.
Early life and politics
Auriol was born in Revel, Haute-Garonne, as the only child of Jacques Antoine Aurio ...
, Valéry Giscard d'Estaing
Valéry René Marie Georges Giscard d'Estaing (, , ; 2 February 19262 December 2020), also known as Giscard or VGE, was a French politician who served as President of France from 1974 to 1981.
After serving as Minister of Finance under prime ...
, Jacques Chirac
Jacques René Chirac (, , ; 29 November 193226 September 2019) was a French politician who served as President of France from 1995 to 2007. Chirac was previously Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Ma ...
and Nicolas Sarkozy
Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012.
Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Se ...
are the only former Presidents of France to have sat in the Constitutional Council.
List of presidents of the Constitutional Council
The following persons have served as President of the Constitutional Council:
* Léon Noël
Léon Philippe Jules Arthur Noël (March 28, 1888 – August 6, 1987) was a French diplomat, politician and historian.
Biography
He is the son of Jules Noël, ''conseiller d'Etat'', and Cécile Burchard-Bélaváry. He received a Doctor of La ...
, 5 March 1959 to 5 March 1965
* Gaston Palewski
Gaston Palewski (20 March 1901 – 3 September 1984), French politician, was a close associate of Charles de Gaulle during and after World War II. He is also remembered as the lover of the English novelist Nancy Mitford, and appears in a fiction ...
, 5 March 1965 to 5 March 1974
* Roger Frey
Roger Frey (11 June 1913, Nouméa, New Caledonia – 13 September 1997) was a French politician. His parents were of Alsatian origin. He was Minister of the Interior and president of the Constitutional Council of France.
Political career
In 19 ...
, 5 March 1974 to 4 March 1983
* Daniel Mayer
Daniel Raphaël Mayer (29 April 1909 – 29 December 1996) was a French politician and a member of the French Section of the Workers' International (SFIO) and president of the ''Ligue des droits de l'homme'' (LDH, Human Rights League) from 195 ...
, 4 March 1983 to 4 March 1986
* Robert Badinter
Robert Badinter (; born 30 March 1928) is a French lawyer, politician and author who enacted the abolition of the death penalty in France in 1981, while serving as Minister of Justice under François Mitterrand. He has also served in high-lev ...
, 4 March 1986 to 4 March 1995
* Roland Dumas
Roland Dumas (; born 23 August 1922) is a French lawyer and Socialist politician who served as Foreign Minister under President François Mitterrand from 1984 to 1986 and from 1988 to 1993. He was also President of the Constitutional Counci ...
, 8 March 1995 to 1 March 2000
* Yves Guéna
Yves Guéna (; 6 July 1922 – 3 March 2016) was a French politician. In 1940, he joined the Free French Forces in the United Kingdom. He received several decorations for his courage.
Political life
He belonged to various right wing parties ...
, 1 March 2000 to 9 March 2004
* Pierre Mazeaud
Pierre Mazeaud (; born 24 August 1929) is a French jurist, politician and alpinist.
In February 2004, he was appointed president of the Constitutional Council of France by President of France Jacques Chirac, replacing Yves Guéna, until he wa ...
, 9 March 2004 to 3 March 2007
* Jean-Louis Debré
Jean-Louis Debré (; born 30 September 1944) is a former French judge and politician who served as President of the National Assembly from 2002 to 2007 and President of the Constitutional Council from 2007 to 2016.[Laurent Fabius
Laurent Fabius (; born 20 August 1946) is a French politician serving as President of the Constitutional Council since 8 March 2016. A member of the Socialist Party, he previously served as Prime Minister of France from 17 July 1984 to 20 Mar ...]
, since 8 March 2016
Location
The Council sits in the Palais-Royal (which also houses the Ministry of Culture Ministry of Culture may refer to:
*Ministry of Tourism, Cultural Affairs, Youth and Sports (Albania)
* Ministry of Culture (Algeria)
*Ministry of Culture (Argentina)
*Minister for the Arts (Australia)
*Ministry of Culture (Azerbaijan)
* Ministry of ...
) in Paris near the Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
.[Se]
description of the Council's offices
on the Council's site
See also
* Constitutional economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econo ...
* Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
* in modern law the ''Cour d'assises
In France, a ''cour d'assises'', or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. I ...
'' exists only in the French judiciary and other civil law jurisdictions, i.e.
** Corte d'Assise
The Corte d'Assise ( en, Court of Assizes) is an Italian court composed of two professional, stipendiary judges or ''giudici togati''; and six lay judges or ''giudici popolari'', who are selected from the people. The Corte d'Assise has jurisdictio ...
Italian Cour d'assises
** Belgian Cour d'assises
* it may also refer to obsolete courts in a number of common law jurisdictions, for example:
** Assizes
** Assizes (Ireland)
* or royal writs, for example:
** Assize of Clarendon
** Assize of Northampton
The Assize of Northampton, largely based on the Assize of Clarendon of 1166, is among a series of measures taken by King Henry II of England that solidified the rights of the knightly tenants and made all possession of land subject to and guaran ...
* ''Cour de cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
'', highest judicial court in France
* '' Conseil d'Etat'', supreme court for administrative justice
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adj ...
in France
* Court of cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
, general discussion, mostly dealing with common law jurisdictions
* Court of Appeal (France)—Court of Appeal in France. Differs considerably from appeals process in common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
countries, in particular, certain types of court cases are appealed to courts called something other than "court of appeal"
* Cour d'appel
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
– redirect to Court of Appeal (France)
* Court of Appeal, Court of Appeals
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
—redirect to Appellate court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, the courts of second instance and appeals process in common law countries, which differs considerably from French appeal process
* Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
* Judiciary of France
In France, career judges are considered civil servants exercising one of the sovereign powers of the state, so French citizens are eligible for judgeship, but not citizens of the other EU countries. France's independent court system enjoys specia ...
* Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
* '' Ministère public'', shares some but not all characteristics of the prosecutor in common law jurisdictions. In France the ''procureur
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
'' is considered a magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
and investigations are typically carried out by a ''juge d'instruction
In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases m ...
''
* Police Tribunal (France)
A police tribunal is a criminal jurisdiction which judges all classes of contraventions committed by adults. More serious offenses (''infractions'') are judged by a ''tribunal correctionnel'', correctional tribunal, when they are '' délits'' or m ...
* Rule According to Higher Law
* Tribunal correctionnel (France)
In France, the ''tribunal correctionnel'' is the court of first instance () that governs in penal matters over offenses classified as misdemeanors
* Criminal responsibility in French law Criminal responsibility in French criminal law is the obligation to answer for infractions committed and to suffer the punishment provided by the legislation that governs the infraction in question.
In a democracy citizens have rights but also du ...
References
Further reading
Books
* Pierre Avril, Jean Gicquel, ''Le Conseil constitutionnel'', 5th ed., Montchrestien, 2005,
*
*
*
* Frédéric Monera, ''L'idée de République et la jurisprudence du Conseil constitutionnel'', L.G.D.J., 2004,
* Henry Roussillon, ''Le Conseil constitutionnel'', 6th ed., Dalloz Dalloz is a French publisher that specializes in legal matters and is France's main legal publisher. It was founded by Désiré Dalloz and his brother Armand in 1845. Dalloz was acquired by Groupe de La Cite in 1989. CEP acquired almost complete ...
, 2008,
* Michel Verpeaux, Maryvonne Bonnard, eds.; ''Le Conseil Constitutionnel'', La Documentation Française
LA most frequently refers to Los Angeles, the second largest city in the United States.
La, LA, or L.A. may also refer to:
Arts and entertainment Music
* La (musical note), or A, the sixth note
* "L.A.", a song by Elliott Smith on ''Figure ...
, 2007,
* Alec Stone, ''The Birth of Judicial Politics in France: The Constitutional Council in Comparative Perspective'', Oxford University Press,1992,
* Martin A. Rogoff, "French Constitutional Law: Cases and Materials" – Durham, North Carolina: Carolina Academic Press, 201
Articles
* Michael H. Davis, ''The Law/Politics Distinction, the French Conseil Constitutionnel, and the U. S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
'', The American Journal of Comparative Law, Vol. 34, No. 1 (Winter, 1986)
pp. 45–92
* F. L. Morton, ''Judicial Review in France: A Comparative Analysis'', The American Journal of Comparative Law, Vol. 36, No. 1 (Winter, 1988)
pp. 89–110
* James Beardsley, ''Constitutional Review in France'', The Supreme Court Review, Vol. 1975, (1975)
pp. 189–259
External links
Official site
{{DEFAULTSORT:Constitutional Council of France
Judiciary of France
Constitutional law
Government of France
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
Government agencies established in 1958
1958 establishments in France
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
Courts and tribunals established in 1958