Constitutional Council of France

The Constitutional Council (Fr., Constitutional Council ') is the French Constitutional Court.

Composition

The Constitutional Council is composed of nine judges, who also " the nine ways " ( les neuf sages ) are called. They are appointed in equal numbers by the President, the President of the National Assembly and the President of the Senate every three years. Neither the members have to have passed a certain age limit, nor assumes a professional qualification of the ownership of this office. The President shall appoint the Chairman. The former president are members for life, if they do not hold an incompatible with the position of a constitutional council member office.

The current members are (2013 ):

  • Jean -Louis Debré - Member and Chairman since 2007.
  • Valéry Giscard d' Estaing
  • Jacques Chirac
  • Nicolas Sarkozy (resigned on 4 July 2013)
  • Denoix Renaud de Saint Marc - since 2007
  • Guy Canivet - since 2007
  • Michel Charasse - since 2010
  • Jacques Barrot - since 2010
  • Claire Bazy Malaurie - since 2010
  • Nicole Maesrtacci - Since 2013
  • Nicole Belloubet - Since 2013

Competencies

The Constitutional Council (CC ) decides on the constitutionality of laws, the presidential and parliamentary elections and referenda. In contrast to the German Federal Constitutional Court, he knows neither constitutional complaint nor concrete norm control. Before the entry into force of the constitutional reform of 2008, a law in contrast to Germany could only be checked before it was issued (abstract norm control a priori, even abstract preventive control). For example, the CC examined in 1981 the nationalization law of the then new president François Mitterrand ( and approved it on February 11, 1982). The review before the publication of the Act is mandatory for laws that specify the Constitution ( organic laws ) and for the rules of procedure of the Parliament chambers. All other norms ( simple laws, international treaties, regulations ) are checked only upon request. Applications may be submitted to the President, the Prime Minister, the President of the National Assembly, the President of the Senate since 1974 and also 60 deputies or 60 senators. The 2008 reform allows the two supreme courts, as part of a further appeal ( cassation ) to the Council a preliminary issue ( question préjudicielle ) submit to examine the constitutionality ( as in the European Court of Justice under the preliminary ruling procedure).

France Hubert Haenel Statute Federal Constitutional Court of Germany Verfassungsbeschwerde
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