التجربة الفرنسية في المسألة الدستورية الأولية

الملخص EN

The initial constitutional question is considered as one of the main lines of reform brought by the French constitutional amendment of the year 2008, so that this mechanism grants to the litigant the right to invoke the non-constitutionality of the executive judgment applied to the litigation from the front of the competent court, given that the judge decides in the proceedings on the merits, of the referral within eight days to the Council of State or the Court of Cassation as the case may be, in order to proceed with an operation of liquidation within a period of three months, which will be followed either by a rejection of the dismissal or appeal, or by the referral of the case to the Constitutional Council, the latter, as having the prerogatives in order to decide in the primary constitutional question which was sent back to him within three months, following which, the declaration of constitutionality of the text object of the appeal will be proceeded, and consequently, refer the case back to the court concerned for further examination of the case, or, in the case of a declaration of non-constitutionality of the executive judgment it will be canceled in accordance with decision of the Constitutional Council.