Conseil constitutionnel (France)
The Conseil constitutionnel ( French: Constitutional Council) is the French constitutional court .
Competencies
The Conseil constitutionnel (CC) decides on the constitutionality of laws , presidential and parliamentary elections and referendums . In contrast to the German Federal Constitutional Court , it knows neither constitutional complaints nor specific legal checks . Before the constitutional reform of 2008 came into force, a law, unlike Germany, could only be checked before it was issued ( abstract a priori control of norms , also abstract preventive control).
For example, in 1981 the CC examined the nationalization law of the then new President François Mitterrand (and approved it on February 11, 1982). The review before the law is published is compulsory for laws that substantiate the constitution (organic laws) and for the rules of procedure of the parliamentary chambers . All other legal norms (simple laws, international treaties, ordinances) are only checked upon request. The President, the Prime Minister, the President of the National Assembly, the President of the Senate and, since 1974, 60 deputies or 60 senators are eligible to apply. The 2008 reform enables the two highest courts of justice to submit a preliminary question (question préjudicielle) to the Council in the context of a cassation in order to examine the constitutionality (as with the European Court of Justice in the context of preliminary ruling procedures ).
composition
The Conseil constitutionnel consists of nine judges. Every three years, one third of them are appointed by the President of the Republic , the President of the National Assembly and the President of the Senate . The members do not have to have exceeded a certain age limit, nor is a professional qualification required to hold this office. A reappointment is not permitted.
The former presidents are members for life. If they exercise an office that is incompatible with the position, membership is suspended. With a view to the former presidents, such is in particular every electoral office. B. Valéry Giscard d'Estaing was excluded from the Conseil from 1984 to 2004, as he was MP and President of the Regional Council during this time. It is also common for former presidents to be able to declare their membership suspended for other reasons. However, you cannot withdraw from membership.
The President of the Republic appoints the President of the Constitutional Council. He can choose both an appointed member and a former president.
If a member leaves prematurely, a new member is appointed. His term of office corresponds to the remaining term of office of the resigned member. The substitute member is appointed by the current holder of the office who had the right to propose the resigned member. If the remaining term of office was shorter than three years, these members may be reappointed, then for a regular term of nine years.
Members of the Constitutional Council may not exercise any public function or any other professional activity; the activity as a lawyer is again expressly excluded. You are not allowed to belong to the government or to the advisory council for economic, social and environmental matters, and any electoral mandate or the function of Défenseur des droits is not permitted. If appointed members of the Constitutional Council take on such a function, they automatically leave the Constitutional Council; membership is then suspended for born members.
Current members
former members
See also
Web links
literature
- Michel Fromont: The French Constitutional Council . In: Christian Starck , Albrecht Weber (ed.): Constitutional jurisdiction in Western Europe . Volume I. 2nd edition. Nomos, Baden-Baden 2007, ISBN 978-3-8329-2640-3 ( Studies and materials on constitutional jurisdiction. Volume 30 / I), pp. 227-258.
- Frédéric Monera: L'idée de République et la jurisprudence du Conseil constitutionnel . LGDJ, Paris 2004, ISBN 978-2-275-02524-7 .
Individual evidence
- ↑ Patrick Roger: De retour en politique, Sarkozy ne peut pas démissionner du Conseil constitutionnel. In: Le Monde (online). September 22, 2014, accessed August 11, 2017 (French).
- ↑ Article 1, Ordonnance n ° 58-1067 du 7 November 1958 portant loi organique sur le Conseil constitutionnel. Version consolidée au 11 août 2017. Légifrance, Secrétariat général du Gouvernement, accessed on 11 August 2017 (French).
- ↑ Article 12, Ordonnance n ° 58-1067 du 7 November 1958 portant loi organique sur le Conseil constitutionnel. Version consolidée au 11 août 2017. Légifrance, Secrétariat général du Gouvernement, accessed on 11 August 2017 (French).
- ↑ Article 4, Ordonnance n ° 58-1067 du 7 November 1958 portant loi organique sur le Conseil constitutionnel. Version consolidée au 11 août 2017. Légifrance, Secrétariat général du Gouvernement, accessed on 11 August 2017 (French).