Constitutional Council, Fifth Republic, Supreme Court, Constitutional Law, Rule of Law, Separation of Powers, Public Liberties, Constitutional Jurisdiction
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Abstract
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Abstract
The Constitutional Council has transformed into a quasi-constitutional court, playing a crucial role in balancing politics and the rule of law.
Extract
[...] In fact, this last provision refers to the political character of the latter, which is to be placed at the same level as its judicial character, in which nine members can censor any provision deemed unconstitutional. The nomination by the PR of Richard Ferrand, former deputy and president of the AN, was 'approved' by a single vote under the two-thirds rule. Although controversial, this nomination illustrates the political sensitivity of the CC. Its first decisions will therefore be closely watched. [...]
[...] This point is limited by the intervention of the law commission, even if the approval conditions of the nominations are perfectible. The case of former presidents of the Republic is problematic. If no former president is observed in CC meetings, this possibility has not yet been repealed and remains in the Constitution. Although a global trend is observed to eliminate this point, nothing official has been undertaken in this regard. B. Aller vers plus de visibilité et de lisibilité pour le public To strengthen citizens' trust, several reforms can be considered. [...]
[...] In another context, one can also mention the'the expansion of protection of fundamental rights. Thus, with notably the DC 94-343/344 (relating to the human dignity), the CC has once again committed to the scope of fundamental principles (with an impact on the protection of public freedoms). These elements show a less and less debatable positioning of the CC as the supreme instance. B. A gradual evolution towards a supreme instance Despite its reinforcement, the CC remains a hybrid jurisdiction, combining a political and judicial approach. [...]
[...] The Constitutional Council's Jurisdictional Mutation in 2025: A Process Completed? The Constitutional Council will soon have to make a decision, with a new president, which will not be insignificant. In fact, the outcome of this will determine the case law to be applied for another candidate of great scope: Marine Le Pen and her potential candidacy for the 2027 presidential election. We can therefore measure the importance of the said decision of the CC. This single example shows that from an instance of control and advice, the CC has gradually (since the DC 71-44 Freedom of Association) expanded its field of interpretation of legislative texts and has evolved into a quasi-constitutional court, similar to the US Supreme Courts or British Supreme Courts, or the Constitutional Court of Karlsruhe in Germany.Federal Constitutional Court). [...]
[...] Therefore, this ontological questioning comes down to quantifying the said mutation's progress. The CC has become a constitutional jurisdiction that has predominantly ruled on a priori, in addition to being a guarantor of the rule of law: a function that is both legal and political. While maintaining the spirit that led to its creation (being a decision-making body of control and not an advisory body, as under the 4th Republic), the entire domain of the legal basis of its jurisprudence (block of constitutionality) as well as the scope of the latter make the CC a "quasi Supreme Court The Constitutional Council has imposed itself as a central actor of the Fifth Republic by adapting its mission to systemic evolutions However, persistent criticisms exist regarding its political orientation and the necessary reforms to ensure its transparency and readability (II). [...]
