Discover the Constitutional Council President elcome to the French Constitutional of the Council. Touring these august Wchambers, you will discover both Constitutional the remarkable heritage of the Palais-Royal Council and the rooms where the Constitutional Council has performed its duties since the body was established by the Constitution of 4 October 1958. If the spirit of these halls were to be summed up in one word, that word might be “liberty”. The history of the Palais-Royal itself is infused with this spirit of liberty: it is here, in these parlours and this garden, that freedom of thought and freedom of religion came to the fore in the 18th century, changing the history of our country in profound ways. Today, protecting liberty lies at the core of the Constitutional Council’s duties, whether by ensuring that laws are consistent with the Constitution or by supervising the main elections that sustain our democratic tradition. This mission is one of the constitutional obligations in respect of which the Constitutional Council hands down decisions that punctuate the political life of our country week after week. The Constitutional Council could not perform its duties in these chambers without being open to dialogue and debate. Today, citizens have the right to petition the Council by way of the procedure known as the “priority preliminary ruling on the issue of constitutionality”. The body is thus receptive to public debate around the core issues it is called upon to adjudicate. All are welcome to attend our public hearings at the Palais-Royal or watch them on our website. We also place great value on dialogue with the constitutional courts of other countries, particularly in Europe, as well as with other national high courts. If the spirit of these halls I wish you a pleasant visit and hope that the experience, and this booklet, bring the spirit were to be summed up of these halls to life! in one word, that word ‘‘might be “liberty”. What is the Constitutional Council?

Freedom of expression, freedom CONSTITUTIONAL REVIEW of the 4th Republic of 1946 and of association, gender equality, the Charter for the Environment freedom of religion, right to strike The Constitutional Council exercises of 2004. Following its review, the and more. These fundamental two types of constitutional review to Constitutional Council may judge rights in our democracy are verify the compliance of laws. the law to be in compliance with the Constitution, express reservations or safeguarded by the French It may intervene after a law has been strike down all or part of the law. Constitution. The Constitution voted by Parliament and before is the supreme Law of the Land, enactment by the President of the meaning that all laws must Republic. This procedure is known as an ex ante review of constitutionality ELECTION SUPERVISION comply with it. Created in (DC) as it takes place before the law 1958, the French Constitutional enters into force. In the framework The Constitutional Council also Council ensures that all laws are of this function, the Constitutional ensures that presidential elections and consistent with the Constitution, Council may be petitioned by the referenda are properly conducted, and strikes down those deemed President of the Republic, the Prime and may be called upon to judge unconstitutional. Minister, the President of the disputes regarding the election of or the National Assembly, sixty MPs or MPs and senators. For the election sixty senators. of the President of the Republic, the It may also conduct an ex post Council validates and publishes the review of laws that have already sponsorships of each candidate, draws been enacted. Instituted in 2010, this up the official list of candidates having procedure is carried out in the context garnered at least 500 sponsorships, of a priority preliminary ruling on monitors the legality of the electoral the issue of constitutionality (QPC), process, examines complaints and initiated by a party to a trial who announces the official results of the believes that the penalty imposed first and second rounds. goes against constitutional principles. Decisions handed down by the Prompt rulings Such cases are referred to the Council Constitutional Council are not by either the Council of State or the subject to appeal. They are binding 3 months for QPCs Court of Cassation. on all parties, including the Executive, Ministries, Parliament and the Judiciary. for ex ante For a law to be declared 1 month constitutional, it must comply with reviews the rules of the Constitution of the 5th Republic, adopted in 1958, and 8 days when executive which incorporates the Declaration authorities request an of the Rights of Man and Citizen of expedited procedure 1789, the Preamble of the Constitution

SHAPING LAW Since its creation, the Constitutional Council has continuously evolved to suit the times. It is an original institution with a specific position at the centre of the French Republic. The Council examines and shapes law through the binding decisions it hands down, mindful of changes in society and with full regard for fundamental freedoms. This perpetual dialogue has made the French constitutional jurisdiction a worldwide reference for constitutional courts. Members of the Constitutional Council

Members as at 15 March 2019 1 François Pillet 2 Dominique Lottin 3 Alain Juppé 4 Claire Bazy Malaurie 5 Laurent Fabius, President 6 Jacques Mézard 7 Nicole Maestracci 8 Michel Pinault 9 Corinne Luquiens

1 3 6 8

2 4 5 7 9 AN INSTITUTION OPEN ONTO THE WORLD The Constitutional Council takes part in intense dialogue and joint deliberation with All decisions within the Constitutional Any citizen enjoying civil and political other constitutional courts. It Council are taken by a nine-member rights may serve on the Constitutional belongs to several international college, known as the “Sages”. Three Council, although in practice seats are bodies, including the Venice are appointed by the President of the attributed to figures recognised for their Commission, the Conference Republic, three by the President of the expertise. The make-up of the Council is of the European Constitutional National Assembly and three by the moving toward gender equality. Courts, the grouping of “Latin President of the Senate. The President The Constitutional Council is a Courts”, the World Conference of the Republic selects the President collegial body: all rulings are handed on Constitutional Justice and of the Council from among these down in plenary session. Decisions are the Association of Constitutional nine members, one-third of whom are taken by majority vote, with a quorum Courts using the French Language appointed every three years. of seven members required for (ACCPUF). The President of the rulings. Members may disagree on any Members serve nine-year terms and Council and associate members given topic: in the event of a tie, the are not eligible for reappointment to regularly meet with their President holds a casting vote. ensure the institution’s independence. counterparts around the world. This independence is further Thanks to these actions, the strengthened by the members’ strict Constitutional Council enjoys obligation to exercise reserve and to international recognition and refrain from holding any elected office benefits from the experience of or practising any other incompatible foreign courts. Such exchanges occupation. are essential to safeguarding fundamental rights. Key dates

4 October 16 July 29 October 1958 1971 1974

Proclamation of the The Constitutional Council added a new The constitutional Constitution of the 5th Republic. dimension to its constitutional review prerogatives. amendment of 29 October A notable innovation in the It judged that laws must be consistent not only 1974 extended to 60 MPs Constitution was the creation with the articles of the Constitution, but also with or 60 senators the right of the Constitutional Council, its Preamble, which refers to the Declaration of to request constitutional which convened for the first the Rights of Man and Citizen of 1789 and the review. Until then, only the time on 13 March 1959. The preamble of the Constitution of the 4th Republic President of the Republic, body originally served mainly to of 1946. With this decision, the Council positioned the Prime Minister arbitrate the division of powers itself as a true guardian of fundamental freedoms. and the Presidents of between the legislative and the two parliamentary executive branches. Its role in assemblies could make terms of constitutional review such a request. This reform was secondary. made it possible for the parliamentary opposition to refer a law to the Constitutional Council.

March 1 March 23 July 1989 2005 2008

1989 marked the 30th anniversary of the The Charter for the The constitutional amendment of 2008 Constitutional Council and the bicentennial Environment was instituted the priority preliminary ruling of the French Revolution. Robert Badinter, incorporated into on the issue of constitutionality (QPC), then President of the Council, took the Preamble of the which entered into force on 1 March advantage of this doubly symbolic date Constitution of 1958 via 2010. Henceforth, a law could be referred to put forth an innovative idea: to grant the constitutional law to the Council not only by political any citizen party to a trial the right to of 1 March 2005. The authorities, but by any citizen subject to contest the constitutionality of a law that Constitutional Council said law who raises a QPC in the context has not previously been reviewed by the adapted the constitutional of a trial. Since 2010, the Constitutional Constitutional Council. However, the Senate corpus to reflect current Council has handed down more than 670 voted down the bill in 1990 and 1993. issues in French society. QPC rulings, and today nearly two such cases per week come before the body.

20 100 DC rulings 1/3 constitutional review On laws prior to of legislative rulings per year enactment provisions On issues that directly concern Reviewed through the population as a whole: civil a QPC are deemed liberties, labour law, taxation, 80 unconstitutional healthcare, the environment, etc. QPC rulings On laws already in force 2 Rue de Montpensier: a dynamic site

The Constitutional Council is an accessible institution. Every year, it hosts a variety of events where representatives of foreign courts, professors, legal professionals, students and even the general public can meet and consort.

The grand salon The library The deliberation The hearing room A venue for constitutional The Council library contains room This room was overhauled dialogue, this room hosts more than 18,000 books This is where members of in 2012 as a venue for events such as the Nuit and features one of the the Constitutional Council hearings on priority du Droit (“Law Night”), oldest architectural steel take in camera decisions. preliminary rulings on the the Legal Book Fair and structures in . Members are seated issue of constitutionality. the Découvrons notre according to seniority, These hearings are open to Constitution (“Let’s Discover and then according to the the public. our Constitution”) awards authority having appointed ceremony, as well as them. The President sits official announcements of in the centre. The general presidential election results. secretary and the legal department also attend deliberations.

HERITAGE Since 13 March 1959, the Constitutional Council has occupied the Montpensier Wing of the Palais-Royal, which previously accommodated the Court of Auditors and the Economic and Social Council. The Council of State, the Ministry of Culture and the Comédie Française are housed in the same building. Built by Cardinal Richelieu beginning in 1624, the Palais-Royal was the www.conseil-constitutionnel.fr residence of Queen Anne of Austria. The Orléans family, including future King Louis-Philippe, subsequently occupied the premises until the Second A single point of reference containing: Empire. The Montpensier Wing later became the home of Marie-Clotilde - Constitutional Council news and current de Savoie, wife of Prince Jérôme Bonaparte, a cousin of Napoleon III. The events Princess undertook a comprehensive redecoration of the premises. - A presentation of the Constitutional Council, its duties and operation - The full text of the Constitution of 4 October 1958 - Videos of public hearings 2, rue de Montpensier 75001 / Tel.: 01 40 15 30 00 / Fax: 01 40 20 93 27 - All rulings of the Constitutional Council Website: www.conseil-constitutionnel.fr