French Republic, EU law, Constitutional Council, hierarchy of standards, European Union, treaties, supranational, block of constitutional legitimacy, TUE, TFUE, CJEU, ECHR, European Convention on Human Rights
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Abstract
Overview of the French Republic's legal framework and its relationship with European Union law, including the hierarchy of standards and the role of the Constitutional Council.
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[...] The 2nd Republic FR was a presidential regime. Semi-presidential regime: a mix between the two Block of constitutional legitimacy: in all our rules - Constitution of 4 October 1958 - 2004 Environment Charter - DDHC 1789 - Preamble to the 1946 Constitution - + PFRLR (principles recognized by the laws of the Republic) In 1971, The Constitutional Council recognizes a PFRLR: the freedom of association. The powers of Parliament according to the Constitution of 4 October 1958 To remember The powers of Parliament What is Parliament? [...]
[...] the decrees, laws and international treaties are subject to the rules of the block of constitutional legitimacy. - art 55. Treaties signed by the French Republic have a higher authority than laws The Constitutional Council can control the respect of the law of the constitution 2 controls: a priori control (before it is promulgated) & a posteriori control (after the adoption of a law) - Article 61: Allows the Constitutional Council to control the conformity of laws to the Constitution before their promulgation. [...]
[...] Little power except in one area: control of respect for fundamental human rights in Europe. 1950 : Adoption of the European Convention on Human Rights (ECHR): ratified by member states (including FR so superior to laws). There is a European Court of Human Rights, it can judge if ever a state has respected or not the rights contained in this convention. ? Both are different from the EU. 1951 : ECSC coal and steel 1957 : Treaty of Rome which establishes the EEC and Euratom. [...]
[...] Primary law In order for all this to hold, the EU is supranational, thanks to the treaties, it can adopt acts of derived rights (European directive and European regulation). This European law is characterized by having primacy over national law, all euro rules are more important than national laws. Directives: set major objectives that states must respect. Transposition act, each is free to manage as they want to ensure compliance with the objective set by the directive. Regulations : obligatory and directly applicable in all member states. Direct effect, no need for transposition act. [...]
[...] Council of the European Union : institution of the EU brings together the national ministers of the member states, mini parliament. The text is discussed by the European Parliament : control the action of the commission". The possibility to discuss the proposals for directives and regulations of the EU Council. [...]
