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Constitutional Council Annual Report 2019

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Constitutional Council Annual Report 2019 Constitutional Council Annual Report 2019 Constitutional Council Annual Report 2019 CONTENTS 4 12 26 Changes at the Shared Interview Council Initiative The Sittings held Referendum Constitutional outside the Council decided capital, in Metz The viewpoint to hold sittings and Nantes of… in regional areas ..................................p.14 Romain Rambaud, Laurent Fabius, Professor in public President of the A few of this law, Université Constitutional Council year’s events: Grenoble-Alpes Titre VII – the ......................... p.31 new journal, the Découvrons Notre Constitution national competition ..................................p.18 Three new members .................................p.24 2 Decisions in 76 2018-2019 International Relations REPORT ANNUAL 2019 COUNCIL CONSTITUTIONAL Upholding human rights Guido Raimondi, President of the European Court of Human Rights .................................P.84 Ex ante constitutional reviews .................................................p.32 Priority preliminary rulings on the issue of constitutionality .................................................p.56 3 INTERVIEW INTERVIEW Laurent Fabius President of the Constitutional Council INTERVIEW 4 The Constitutional of support for the referendum initiative. The Council is responsible for ensuring CONSTITUTIONAL COUNCIL 2019 ANNUAL REPORT ANNUAL 2019 COUNCIL CONSTITUTIONAL Council decided that all associated procedures comply with the law. Consequently, we received to hold sittings in a number of submissions, most of which concerned the operation of the Ministry regional areas of the Interior’s dedicated website. We requested some improvements, and these were implemented. In the interest of transparency, the Council also took In 2019, the Constitutional Council the initiative of issuing regular reports was in the news, in particular with on the progress of the procedure, in par­ the first application of the so-called ticular as a means of providing updated Shared Initiative Referendum or SIR information on the number of expres­ (in French: “Référendum d’Initia- sions of support that had been recorded tive Partagée” or “RIP”) procedure, and authenticated. When the period for while there were also calls for the collecting expressions of support ends introduction of the Citizen Initiated at midnight on 12 March 2020, we will Referendum (CIR) in the Constitution. have one month to declare whether the What was the impact on the Council’s bill has gathered the required number overall workload? for the procedure to continue, that is, at At the very time when the coun­ least one­tenth of the voters registered try was going through a period of ten­ on the electoral rolls, or 4,717,396. sions and controversies, particularly with regard to the interaction between representative democracy and partici­ The Constitutional Council’s decision patory democracy, a Shared Initiative confirming the admissibility of the Referendum procedure (SIR), instituted referendum initiative on Groupe ADP by the legislature in 2008, was activat­ generated a great deal of comment… ed for the first time. We were petitioned Irrespective of the criticisms level­ by more than 10% of the parliamentar­ led at the mechanism itself, which was ians concerning a referendum initiative initiated by the legislature in 2008 and that would, in practice, aim to block the enshrined in legislation in 2013, we were privatisation of Groupe ADP (former­ obliged to apply provisions which were ly Aéroports de Paris). As provided for perfectly clear. And that is what we did. in the Constitution, we first confirmed that the proposed referendum bill met the required admissibility criteria. This Leaving aside the SIR, the Council proved to be the case, and we so ruled kept up its jurisdictional activity at on 9 May 2019. Then, 13 June marked a steady pace. What were the high- the start of the designated period for lights of the past year? Are priority collecting registered voters’ expressions preliminary rulings on the issue of 5 INTERVIEW INTERVIEW state prosecutions in criminal matters, constitutionality (QPCs) still used by for time­barring rules that are not man­ members of the public? ifestly inappropriate to the nature and They certainly are. This year, we gravity of the offences in question. This even passed a milestone in terms of the decision will undoubtedly be much dis­ number of ex ante and ex post reviews cussed by judges in the future, perhaps completed. In May 2019, the number even beyond our borders. of QPC cases that the Constitutional Council ruled on in less than 10 years exceeded the number that it ruled on Has the vitality of the QPC placed in 60 years via the direct channel. This downward pressure on the number of underscores the vitality of the QPC pro­ referrals sent to the Council by par- cedure which, to use an everyday expres­ liamentarians for ex ante review? sion, I call “the citizen’s prerogative”. No, that is not the case. For exam­ In 2020, on the occasion of the tenth anni­ ple, in relation to the Justice Reform Act, versary of the QPC, the Constitutional no fewer than 57 articles were referred Council will carry out a wide­ranging to the Council for review. This resulted review of the implementation of the in our handing down the longest decision procedure, drawing on research studies in our history, one containing 395 para­ that it has encouraged and which will be graphs. Several highly contentious texts, discussed at an international symposium such as the so­called “anti­rioter” law, to be held on 10 June 2020 in the Grand were referred to us by the President of Auditorium of the Sorbonne. the Republic. This is still a rare method of In terms of substance, we had to deal with a wide variety of subjects, noting a certain decline this year in the proportion of tax cases and an increased proportion of criminal matters. On sev­ “On several occasions, eral occasions, the QPC provided an the QPC provided an opportunity for the Council to rule on very controversial societal issues, rela­ opportunity for the tively soon after the law was put into Council to rule on very effect. I have in mind, in particular, the law which punishes the clients of per­ controversial societal sons engaged in prostitution or the issues” law authorising bone x­rays to be per­ formed to determine a person’s age, both of which came into force in 2016. Regarding the law relating to bone x­rays, we decided, for the first time, that the referral, having been used only twice in requirement to protect the best inter­ 60 years. As things turned out, far from ests of the child was a principle of con­ triggering the catastrophes that some stitutional status. I also note our QPC people had predicted, the Council’s decision of May 2019 confirming the new decisions, including those on the SIR and constitutional requirement, in relation to on the Action Plan for Business Growth 6 “Our Constitution can serve to promote social harmony” and Transformation Act, helped to set Thus, we required that the blocking of the stage for more rational debate. Our the dissemination of false information Constitution can serve to promote social on online public communication services harmony. by the judge hearing the application for This year, the Council was, I think, interim measures could only proceed if CONSTITUTIONAL COUNCIL 2019 ANNUAL REPORT ANNUAL 2019 COUNCIL CONSTITUTIONAL the first constitutional court in the world the inaccuracy or misleading nature of to rule on a so­called “anti­fake news” law the information disseminated, together at the time of an election. We held that with the risk of impairing the integrity of it was the responsibility of the legislature the election, is evident. to reconcile the integrity of the voting process with freedom of expression and communication. We took the view that This year, one-third of your fellow the provisions that had been referred Council members were replaced. to us were constitutional, while record­ What are the changes that took ing several interpretative reservations in place? order to ensure that any application of Three of our colleagues did indeed those provisions in the future would sat­ come to the end of their terms of office isfy those constitutional requirements. last March: Michel Charasse, who was 7 INTERVIEW INTERVIEW appointed in 2010, as well as Jean­ “Fraternal Jacques Hyest and Lionel Jospin, who were both appointed in 2015. These relations between three “Sages” were also exemplary com­ courts contribute panions. I thank them once again for their years of devoted work in the ser­ to the strength vice of our Constitution and our insti­ tution. We were joined by three new of the rule of law members: Jacques Mézard, François throughout the Pillet and Alain Juppé, who lost no time in fully taking on their new duties. Their world” appointment underlines the quality and the cross­fertilisation of experience away from the capital. We sat in Metz within the Council. and then in Nantes, holding public hear­ ings and examining two QPCs at each of these sittings. The following week, I went What view do you take of the inter- to a law school to personally announce ruption of the process of constitu- and explain the decisions we had made tional review that had been set in in the intervening period to an auditori­ train by the Government? um of professors and students, as well One of the great strengths of the as the press. This type of initiative helps Constitution of the 5th Republic is its to raise the profile of the Constitutional stability. But it must also be a living text, Council and awareness of its importance responding to our society’s needs and as a guarantor of democracy. In turn, the major changes taking place around it enables members of the Council to the world. I call this “adaptive stability”. establish and strengthen excellent con­ I hope that this virtue of our Constitution tacts with a variety of lawyers.
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