The principle of equality in the French Constitutional Council’s case-law: what changes after ten years of ex post review implementation?

Nataşa Danelciuc-Colodrovschi

doi:10.21564/2414-990x.150.206778

Abstract

In France, the principle of equality has its source in a set of at least fifteen articlesbelonging to one of the three constitutional texts that form the “constitutional block”. Because of this privileged place, which is incomparable with regard to other fundamental rights and freedoms, the principle of equality figured in almost a half of the decisions pronounced by the Constitutional Council from its creation till 2010, when the ex post review – called “procedure of QPC” – began to be implemented in France. Despite the relevant statistics, the constitutional judges’ activity in this field was marked by voluntary self-restraint. The object of this study is to analyse if in the first ten years of QPC procedure implementation their approach has changed in order to strengthen the protection of the litigants’ rights and what are the technics of control they use in order to realise such changes.

Highlights

In 2010, when the ex post review began to be implemented in France – the so called procedure of QPC3, many scholars invoked the possibility of a real change in the manner the Constitutional Council should use the techniques of control and, of an extension of the control it exercises in the field of the principle of equality[4]
The most significant change that can be noted is, the gradual strengthening of the concrete nature of the control that is exercised over compliance with the principle of equality even if Constitutional Council itself refuses to recognize it as such (II)
In 73% of the requests received by the Constitutional Council, the legislative provisions are challenged with regard to their compliance with the principle of equality

Summary

Introduction

The principle of equality in the French Constitutional Council’s case-law: what changes after ten years of ex post review implementation? In 2010, when the ex post review began to be implemented in France – the so called procedure of QPC3 –, many scholars invoked the possibility of a real change in the manner the Constitutional Council should use the techniques of control and, of an extension of the control it exercises in the field of the principle of equality[4].

Results

Conclusion