Constitutional Council's Role in Safeguarding Rights

Extract

[...] The vitality of constitutional law is operated, in particular, by the dialogue now taking place between judges, both European and judges of the facts. An incomplete judicialization The judicialization of the Council is nonetheless incomplete. Laurent Fabius notes himself that 'the Council having become a true constitutional court, it no longer makes much sense for former presidents of the Republic to sit there'. In addition to the presence of former presidents of the Republic, let us note that the mode of designation of constitutional judges would constitute a hindrance to a complete judicialization of the Council. [...]

[...] The debate is recurring on the legitimacy of the institution and its democratic character. Let us recall that among the nine members, those appointed are so for nine years. The nominations are free, the texts setting no condition of age, profession, competence, or any prior consultation obligation. Furthermore, the designation of the President of the Constitutional Council by an external hand, that of the President of the Republic, does not mark the judicial quality of the institution. [...]

[...] This priority constitutional question can be raised by any litigant, before any jurisdiction. However, the seizure is only made on referral by the Council of State or the Court of Cassation. Finally, the 'citizen question' is only possible insofar as it is the interest of the litigant that is at stake, through the infringement of the rights and freedoms of the latter. II- The Constitutional Council, a quasi-judicial body The juridictionalization of the Constitutional Council As the protector of the 'rights and freedoms' that the Council guarantees, one can only note the progress of the rule of law: since the decision of 16 July 1971, Freedom of association, thus important principles have been recognized (citing examples). [...]

[...] Example Covid: 'The new measures are well justified and proportionate in light of the constitutional requirement for the protection of health'. An expression borrowed from Dean Vedel: 'The Constitutional Council has the rubber and not the pencil'. The Council does not substitute itself for the legislator. Thus, if the Council was able to censor the law establishing security measures against authors of terrorist offenses for lack of proportionality, it was able to remind that its decision 'does not close the way to the intervention of the legislator'. [...]

[...] The President of the Constitutional Council, Laurent Fabius, expressed himself in an interview granted au Figaro on October on the role of the Constitutional Council today in the safeguarding of the constitutionally guaranteed rights and freedoms. Laurent Fabius relies on the latest files to demonstrate the effectiveness of the control carried out by the Council on the freedoms that are more than ever defended today, notably through the institution of the priority constitutional question. Announcement of plan. The Constitutional Council, a performing organ. The proportionality control Laurent Fabius notes that the role of the Council is to 'ensure the reconciliation of principles that may be contradictory'. [...]