خصوصية شرط الجدية في مجال الدفع بعدم الدستورية

Abstract EN

The exception of unconstitutionality is one of the most innovative mechanisms aimed at protecting the rights and freedoms guaranteed to citizens by the constitution.

However, the practice of this constitutional right is subordinated to the availability of three conditions for the said exception by transmission or referral, the most important of which is the condition or criterion of seriousness, characterized by the renunciation of the legislator to give it a definition or to specify its aspects, and relegating this mission to the discretion of the judges in the precision of its meaning on the basis of the discretionary power attributed to them.

The specificity of the condition of seriousness is also manifested through the functional duality granted to it by the legislator, who has imposed it as a condition of submission of the exception before the Supreme Court or the Council of State in order to proceed with the liquidation, as well as imposing it as a condition of referral before the Constitutional Court.

Thus, the fact that an exception must be serious on the part of the litigant is considered to be one of the pivotal conditions that decide the future of the exception of unconstitutionality in the judicial operational.