A priority Question of constitutionality




Since march 2010, any person who is the subject of prosecution may raise a “priority issue of constitutionality” (QPC) on a law or a point of law applicable to his case, and that it denies. This device, valid for the proceedings of criminal, civil and administrative, has reinforced the legal arsenal of the litigants and their lawyers. The QPC is recorded in a document in writing, giving reasons submitted to the court. It is transmitted to the Court of cassation or the Council of State, the last filter before the referral to the constitutional Council, which must decide within three months. Skimming is severe. On 2000 QPC asked, only 154 have been submitted to the constitutional Council. The latter has pronounced 14 cancellations. The most spectacular concerned the regime of the custody, of which several parts have been deemed non-compliant with the Constitution.

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