دور القضاء الفرنسي في مجال الرقابة على دستورية القوانين

Abstract EN

The system of monitoring the constitutionality of laws in France is a model that can be integrated into the political control.

In this regard, a Constitutional Council was established under Article 56 of the 1958 Constitution, without assigning seats in the council to judges belonging to ordinary or administrative courts.

Under the constitutional amendment of 23 July 2008, the system of subsequent control of the constitutionality of laws was adopted.

After its implementation, the Organic Law 2009-1523 was adopted on December 10, 2009, using the expression "constitutional priority issue".

This system entered into force on 1 March 2010.

From that date, the judiciary power begun to play a key role in the constitutional control, allowing the Council of State or the Court of Cassation to notify the Constitutional Council in case of a dispute before a judicial authority via the objection of the unconstitutionality when this question is raised by opponents.