Libertés publiques
As Libertés publiques be under French law understanding of the citizen rights against the state designated.
Conception
The possible translation with basic rights must not lead to an equation with the German basic rights . Two points are important for the French concept:
- The association with the revolution of 1789 and
- the lack of a self-contained regulation comparable to the German Basic Law and the resulting fragmentation of the individual regulations.
Historically, the term is therefore closely related to the individualistic and universalistic conception of the Declaration of Human Rights of 1789, which was influenced by the Enlightenment. The preambles of the constitutions of 1946 and 1958 give them the same authority as the constitution itself: it is still in force today . In contrast to the specific procedural guarantees of other states (cf. habeas corpus ), the mere proclamation was considered sufficient in France, which brought them the reproach of a lack of enforceability. After the end of the Second World War, in addition to the classic individualistic rights of defense, liberté-autonomie ( Georges Burdeau ), the - in some cases incompatible - positive participation rights (liberté-participation) came to the fore.
Legal protection
Elementary differences to Germany can also be seen in the area of legal protection. In the past, the legal character of the libertés publiques was doubtful: in part, they were not considered legally binding because they were only anchored in the preamble of the constitution. However, jurisprudence and prevailing doctrine have since given up this view. In addition, until 2010 individuals could not assert in court that a law violated their constitutionally guaranteed rights. The Conseil constitutionnel was only able to review the constitutionality of laws before they came into force - and thus abstractly (which is why those affected often invoked human rights provisions instead of the constitution, which, according to Article 55 of the French constitution, have a higher priority than the laws). Since the introduction of the procedure of the priority question of constitutionality ( Question prioritaire de constitutionnalité - QPC ) on March 1, 2010, there is now a procedure for the specific review of norms in which the Conseil constitutionnel, on submission of courts, confirms the compatibility of laws that have already come into force reviewed the constitutionally guaranteed rights. However , there is still no procedure in France in which individuals - as with the German constitutional complaint - can appeal to the Conseil constitutionnel.
literature
- Georges Burdeau : Les libertés publiques . 1972.
- Alain de Schlichting : The importance of case law in the French control of fundamental rights . Augsburg 1997.
Individual evidence
- ^ Ulrich Huebner and Vlad Constantinesco: Introduction to French Law . 4th edition. CH Beck, Munich 2001.
- ↑ Primary question of constitutionality ( memento of the original from March 14, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Conseil constitutionnel
